Written by the two-time Pulitzer Prize–winning author of Ghost Wars and Private Empire, The Deal of the Century chronicles the decade-long war for control of AT&T.
When the US Department of Justice brought an antitrust lawsuit against AT&T in 1974, the telecommunications giant held a monopoly on phone service throughout the country. Over the following decade, an army of lawyers, executives, politicians, and judges spent countless hours clashing over what amounted to the biggest corporate breakup in American history. From boardroom to courtroom, Steve Coll untangles the myriad threads of this complex and critical case and gives readers “an excellent behind-the-scenes look” at the human drama involved in the remaking of an entire industry (The Philadelphia Inquirer).
Hailed by the New York Times Book Review as “rich, intricate and convincing,” The Deal of the Century is the definitive narrative of a momentous turning point in the way America does business.
Each title is keyed to the current edition of a specific casebook; it s your trusted guide to the text throughout the semester.The brief for each principal case in the casebook saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, important points of the holding and decision, and concurrences and dissents included in the casebook excerpt. This overview is combined with a short analysis: all to help you broaden your understanding and support you in classroom discussion. Quicknotes at end of each brief give you short definitions of the legal terms used. A handy Glossary of common Latin words and phrases is included in every Casenote. Detailed instruction on how to brief a case is provided for you. A free Quick Course Outline accompanies all Casenote Legal Briefs in these course areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence, Property, and Torts.
• Unfair Competition
• False/Misleading Advertising
• Interference With Economic Relationships
• Trade Secrets
• Commercial Defamation
Other features include checklists, highlighted elements for each cause of action, and extensive forms, including sample complaints.
This indispensable Practice Guide is integrated with the LexisNexis Total Research System to provide easy access to relevant online resources, including public records, Matthew Bender Practice Guide series for California, Matthew Bender analytical materials, California and national news sources, and more.
Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides expert analysis and guidance for total research support on the topic.
Matthew Bender California Practice Guides: The Fresh New Perspective in California Research
Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.
With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.
Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.
The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition.
Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.
Beginning with history, but delving into moral and political philosophy, Professor Ayal shows how arguments concerning fairness in antitrust apply both to monopolists and their victims. Fairness thus requires a balancing test based on context and respecting the rights of all parties involved. While traditionally fairness arguments were used to justify intervention where economic analysis did not, this book assesses them from first principles, to show that pure efficiency analysis is flawed from a moral standpoint when the state intervenes. Protecting weak consumers from strong monopolists may carry rhetorical weight, but the reality of antitrust is that the state is much more powerful than almost all firms it regulates. Protecting the strong from the weak, especially when 'weak' consumers hold legal power and influence, might very well be a moral imperative. This book offers a philosophical account of the conundrum facing competition policy which challenges widely-held yet often implicit and unfounded beliefs.
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.
• Article, "The Positive Law Model of the Fourth Amendment," by William Baude and James Y. Stern
• Essay, "Deference and Due Process," by Adrian Vermeule
• Book Review, "How to Explain Things with Force," by Mark Greenberg
• Note, "Free Speech Doctrine After Reed v. Town of Gilbert"
Furthermore, student commentary analyzes Recent Cases on the Affordable Care Act and the origination clause; statutory interpretation and the Video Privacy Protection Act; and commercial speech doctrine and the FDA's power to prosecute non-misleading statements after modifying text. Other commentary examines South Carolina's legislative effort to to disqualify companies who support BDS from receiving state contracts; and the NLRB's adjudicative ruling to classify canvassers as employees, not independent contractors. Finally, the issue includes several brief comments on Recent Publications.
The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the seventh issue of academic year 2015-2016.
In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy," for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services.
"The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.
• Article, "On the Relevance of Market Power," by Louis Kaplow
• Book Review, "Spiraling: Evictions and Other Causes and Consequences of Housing Instability," by Vicki Been and Leila Bozorg (reviewing Matthew Desmond's Evicted: Poverty and Profit in the American City)
• Note, "Rights in Flux: Nonconsequentialism, Consequentialism, and the Judicial Role"
• Note, "The Misguided Appeal of a Minimally Adequate Education"
Furthermore, student commentary analyzes Recent Cases on: separation of powers and the appointments clause; personal jurisdiction in anti-terrorism act cases arising on foreign soil; deference to agency interpretations in conflict with circuit precedent; judicial review of zoning in light of DC's comprehensive plan; use of algorithmic risk assessments in sentencing; whether mother's debt for juvenile-detention costs of minor is dischargeable in bankruptcy; and whether ERISA preempt Michigan's Medicaid tax law. Finally, the issue includes two summaries of Recent Publications.
The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fifth issue of academic year 2016-2017.
The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age.
“This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University
"The Antitrust Enterprise" is the first authoritative and compact exposition of antitrust law since Robert Bork's classic "The Antitrust Paradox" was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies.
This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
• Commencement Address at New England Law: Boston, May 24, 2013, by U.S. Attorney Carmen M. Ortiz
• Creamskimming and Competition, by Jim Chen
• "Give Me That Old Time Religion": The Persistence of the Webster Reasonable Doubt Instruction and the Need to Abandon It, by Hon. Richard E. Welch, III
• Standing Up to Clapper: How to Increase Transparency and Oversight of FISA Surveillance, by Alan Butler
• Avoiding Unintended House Boats: Towards Sensible Coastal Land Use Policy in Massachusetts, by Keith Richard
• The Moral Judiciary: Restoring Morality as a Basis of Judicial Decision-Making, by Erik Hagen
• Tales of the Dead: Why Autopsy Reports Should Be Classified as Testimonial Statements Under the Confrontation Clause, by Andrew Higley
• Putting Beer Goggles on the Jury: Rape, Intoxication, and the Reasonable Man in Commonwealth v. Mountry, by Annalise H. Scobey
• A Government of the People, by the People, for Whom? How In re Enforcement of a Subpoena Ensures that the Judiciary Is Unaccountable, by Lindsay Bohan
The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.
The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as the potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.
In the four years since the first edition, the increased globalization of antitrust law has continued apace. China, the world's third largest economy after the EU and US, has adopted an antitrust law and other nations have modified and modernized their antitrust regimes. The EU has adopted a new EU Treaty, new EU guidelines on abuse of dominance, new EU guidelines on non-horizontal mergers, and new EU regulations and guidelines on vertical agreements. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the appearance of a new economic approach in the revised 2010 U.S. Merger Guidelines.
This new edition expands and updates the pioneering approach of the first edition, addressing new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea, with expanded coverage of China's new antitrust law, and the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela.
Praise for the first edition
'...worthy of considerable praise...contains a vast collection of well-chosen material taking in a wide span of both antitrust and merger law issues. It is well written and clear throughout, particularly on the economic concepts, and provides incisive commentary and questions which inspire further study.'
Peter Whelan, Cambridge Law Journal
'Enlightened law professors and law schools will best serve their students not by teaching national competition law but by adopting Global Competition Law and Economics...an excellent book for introductory courses in comparative competition law at either a graduate or undergraduate level.'
Okeoghene Odudu, Common Market Law Review
'...the best four-and-a-half centimetres of shelf-space that I have seen devoted to competition law and policy issues for a very long time†?.'
Yvonne van Roy, New Zealand Law Journal
'Free from the ideologically-driven perspective that can affect other antitrust casebooks, this is also the first casebook organized from inception with an eye directly on the global context...this book may be used in a classroom in Europe just as it will be used in the U.S. The result is a highly welcome contribution to the evolution of competition studies.'
Judge Douglas Ginsburg
'...this book is the only one on the market that is extremely well suited for use in a comparative antitrust law class...an extraordinarily teachable book that contains everything you might want to present...Finally, the comparative antitrust field has a standard textbook to use. And a wonderful standard it is.'
Robert H Lande, University of Baltimore Law School
The book consistently evaluates empirical techniques in light of the challenge faced by competition analysts and academics--to provide evidence that can stand up to the review of experts and judges. The book's integrated approach will help analysts clarify the assumptions underlying pieces of empirical work, evaluate those assumptions in light of industry knowledge, and guide future work aimed at understanding whether the assumptions are valid. Throughout, Davis and Garcés work to expand the common ground between practitioners and academics.