Antitrust law and nonprofit organizations: the law school accreditation case
A flexible rule of reason approach should be taken in antitrust analysis of potentially anticompetitive activities of nonprofit organizations. Antitrust charges alleged by the Massachusetts School of Law and the US Department of Justice against the American Bar Association raised the question of what antitrust standards should apply to organizations that cannot by definition profit from anticompetitive activities. Many nonprofits operate to correct market failures. Rule of reason analysis of nonprofits should consider the procompetitive benefits of activities that may appear to restrict competition.
Publication Name: New York University Law Review
Parts and service included: an information-centered approach to Kodak and the problem of aftermarket monopolies
The US Supreme Court's decision in Eastman Kodak Co v. Image Technical Services creates confusion for legitimate businesses over what conduct is illegal when providing parts and services for the businesses' own products. This problem could be resolved through an information disclosure standard where any company that tells customers the expected parts and services costs over the life of the machine at time of purchase is free from aftermarket antitrust liability. This standard proposal is based on the warranty logic and would resolve the Court's concerns about imperfect information.
Publication Name: University of Chicago Law Review
Kodak decision revitalizes tying claims
The Supreme Court's decision in Eastman Kodak Co v Image Technical Services Inc will have the effect of increasing antitrust litigation, particularly cases based on tying claims and monopolization. Since the Kodak decision tends to weaken defendants' ability to resolve a case by motion for summary judgement, it raises the settlement value of a case, thereby encouraging plaintiffs. The decision affirms the continued viability of the per se rule.
Publication Name: Franchise Law Journal
- Abstracts: Profit-Sharing Plans and Tax-Exempt Organizations - A New Benefit for All
- Abstracts: Foreign access to U.S. capital expands. Religion in the schools - access less than equal. No bliss yet for online calls; Internet telephony capability is maturing but is at the heart of battle over local-access fees
- Abstracts: The airline industry: labor relations in the era of deregulation, mergers, bankruptcies, and layoffs. Margaret Anne Browning; Member, National Labor Relations Board
- Abstracts: Military versus civilian judicial handling of sexual harassment cases. Employer liability for sexual harassment extends to schools and universities
- Abstracts: Litigation and settlement under the English and American rules: theory and evidence. Enforcement costs and the optimal magnitude and probability of fines