Antitrust and the Supreme Court
Antitrust and the Supreme Court

Author: David Ramsey

Publisher: LFB Scholarly Publishing

Published: 2014-05-14

Total Pages: 282

ISBN-13: 9781593325275

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For more than one hundred years, the Sherman Act and its amendments have defined the legal framework supporting the American economy, but this framework has not remained unchanged. Antitrust laws have been revised and re-interpreted, resulting in changes in enforcement. Ramsey examines the Supreme CourtOCOs institutional role in balancing the contentions of the political branches, the business community, the enforcement agencies, and the advocates of various schools of economic thought, incorporating the arguments of each into a coherent, flexible and reasonably stable body of law regulating competition. Ramsey argues that the institutional strengths of the Court will continue to play a critical role in the ongoing development of antitrust law well into the Sherman ActOCOs second century."

Baseball on Trial
Baseball on Trial

Author: Nathaniel Grow

Publisher: University of Illinois Press

Published: 2014-02-15

Total Pages: 297

ISBN-13: 0252095995

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The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time. Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be? Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.

ANTITRUST ANALYSIS OF PLATFORM MARKETS
ANTITRUST ANALYSIS OF PLATFORM MARKETS

Author: David Sparks Evans

Publisher:

Published: 2019-12-16

Total Pages: 210

ISBN-13: 9781950769414

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This book compiles a set of pieces on the implications of the U.S. Supreme Court's ruling in Ohio et. al. v. American Express and the preceding litigation for the treatment of multisided platforms under U.S. antitrust law. The authors consider that the Supreme Court ruling provides valuable guidance for antitrust analysis in such markets.

The Antitrust Paradox
The Antitrust Paradox

Author: Robert Bork

Publisher:

Published: 2021-02-22

Total Pages: 536

ISBN-13: 9781736089712

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The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Antitrust Law, Policy, and Procedure
Antitrust Law, Policy, and Procedure

Author: E. Thomas Sullivan

Publisher:

Published: 2003

Total Pages: 292

ISBN-13:

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The Fifth Edition continues to emphasize cases as the best way to teach antitrust law. The principal cases in this edition are the best and most current legal precedents. Judicial opinions are supplemented by historical and economic discussions and analyses. In particular, the notes discuss varying antitrust ideologies, confronting their defects and presenting their strengths. This new edition adds rich new material on: the transnational reach of the United States2 antitrust law; antitrust2s application to intellectual property; the Microsoft case and its history as it implicates monopolization, tying doctrine and market power analysis; expert testimony after Daubert and its relationship to antitrust summary judgment motions; and antitrust2s application in the field of regulated industries.

The Baseball Trust
The Baseball Trust

Author: Stuart Banner

Publisher: Oxford University Press

Published: 2013-03-01

Total Pages: 300

ISBN-13: 0199974691

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The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.

Antitrust Law and Economics in a Nutshell
Antitrust Law and Economics in a Nutshell

Author: Ernest Gellhorn

Publisher: West Academic Publishing

Published: 2004

Total Pages: 0

ISBN-13: 9780314257239

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Reliable guide on antitrust law. Special attention is given to the expanded role of evidentiary standards and the procedural screens in determining litigation outcomes. A look into recent revisions of public enforcement, immunity-related doctrines, and government intervention is also included.