Antitrust Bulletin articles from June 2003

Antitrust Bulletin archives from June 2003

Soft harmonization among competition laws: track record and prospects.(Symposium: Global Antitrust Law and Policy)
June 22, 2003... Although the United States of America did not invent the wheel or the fulcrum, nor can it claim Homer, Dante, or Shakespeare as a native son, nor for that matter was North America the cradle of humanity, when it comes to the somewhat less...

Globalization and hybridization in antitrust enforcement: European "borrowings" from the U.S. approach.(Symposium: Global Antitrust Law and Policy)
June 22, 2003... Much of importance has been written about the extent to which signs of convergence may be detected between the U.S. and European approaches to antitrust, and about the remaining areas of divergence. (1) Much also has been written about the...

Can we solve the antitrust problems of globalization by extraterritoriality and cooperation? Sufficiency and legitimacy. (Symposium: Global Antitrust Law and Policy)
June 22, 2003... I. Introduction Antitrust law, like much other law, must face the challenge of globalization: law is national, but, increasingly, the subject of the law is global. Markets know no national boundaries. Other things being equal, we would...

Antitrust remedies in the U.S. and EU: advancing a standard of proportionality. (Symposium: Global Antitrust Law and Policy)
June 22, 2003... I. Introduction Do we know what an optimal antitrust remedy might be? Many scholars have advanced theories suggesting quantitative approaches to answering this question. (1) Few have attempted to compare antitrust remedies in the United...

Public choice theory and the international harmonization of antitrust law. (response to articles in this issue, p. 305, 319, 355) (Symposium: Global Antitrust Law and Policy)
June 22, 2003... The role of a commentator is to attempt to show the excellence and essential unity of the papers of a panel, offer at most a couple of mild critiques, and yet provide at least one original tidbit to the contributions of the distinguished...

Comment: convergence and harmonization of antitrust principles from the bottom - moving from patchwork toward network. (response to articles in this issue, p. 305, 319, 355) (Symposium: Global Antitrust Law and Policy)
June 22, 2003... Three articles in this issue have directly and indirectly addressed the issue of developing universal competition law principles that are adequate for global commerce. (1) Professor Fox is a proponent of undertaking the preparation of universal...

Admonishing a drunken man: class action reform.(Symposium: Antitrust Class Action, Problems and Prospects)
June 22, 2003... I. Introductory apology Henry Fielding wrote about excess in his novel, Tom Jones, (1) sometimes with a critical eye and, at other times, with some sympathy, understanding and humor. Probably one of the best examples of Fielding's...

Back to the future: toward a more rigorous analysis of antitrust class actions.(Symposium: Antitrust Class Action, Problems and Prospects)
June 22, 2003... If class suits are to be justified substantively a class action rule cannot be applied mechanistically. (1) I. Introduction Within the last 10 years, there has been a noticeable shift in attitudes of the federal courts...

Class action in price-fixing litigation when the fixed price is a wage rate: Law et al. v. NCAA.(Symposium: Antitrust Class Action, Problems and Prospects)
June 22, 2003... I. Introduction At its January 1991 meeting, the National Collegiate Athletic Association (NCAA) promulgated a rule, to go into effect at the start of the 1992-1993 academic year, imposing caps on the compensation of certain assistant...

Indirect purchaser suits and the consumer interest.(Symposium: Antitrust Class Action, Problems and Prospects)
June 22, 2003... I. Introduction It is now widely accepted that the goal of antitrust is to promote the consumer interest. This goal influences the interpretation of substantive categories--courts in antitrust suits shape definitions of offenses and define...

Class actions in resale price maintenance cases.(Symposium: Antitrust Class Action, Problems and Prospects)
June 22, 2003... I. Introduction It is (or at least should be) difficult to meet the demanding standards for class certification in antitrust cases. This would seem to be especially true for vertical restraint cases due to the numerous business...