The scope and constitutionality of judicial review under the Tunney Act

Article Abstract:

The Court of Appeals for the District of Columbia Circuit correctly limited judicial review under the Tunney Act in accordance with separation of powers in United States v. Microsoft Corp. The Circuit Court held that a district court does not have the authority to consider matters not covered in the original antitrust complaint and consent decree when conducting a public interest review under the Tunney Act. Judicial review is limited to considering the relationship between the complaint and the consent decree, thus preventing the judicial branch from usurping powers of the executive branch.

Judicial review, Public interest, Case Note

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Access demands to payment systems joint ventures

Article Abstract:

The development of payment systems joint ventures has been impeded by antitrust access demands, which often lead to litigation and subsequent alliances between competing companies. Joint ventures, including point of sale, ATM, and credit card networks, are increasingly entering treaties to end court battles over access, rather than competing by improving services and products. One proposal suggests barring legal action unless the excluded party can meet a three-part access test.

Banking industry, Analysis, Joint ventures

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Tilting the table: collective bargaining after National Baseball Ass'n v. Williams

Article Abstract:

The US Court of Appeals for the 2d Circuit ruled in National Basketball Ass'n v. Williams on whether professional basketball teams retained their antitrust immunity when engaged in collective bargaining negotiation with team members. The court held that antitrust immunity lasted beyond the collective labor agreement's expiration date, instead covering the whole collective bargaining relationship. This decision was too broad and may hinder future collective bargaining.

Collective bargaining, Professional sports

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