Antitrust, Competition Policy & State Professional Regulation PDF Download
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Author:
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 52
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Author:
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 52
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Author: Phillip Areeda
Publisher:
ISBN: 9780735529564
Category : Antitrust law
Languages : en
Pages :
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Author:
Publisher: DIANE Publishing
ISBN: 1428967761
Category :
Languages : en
Pages : 42
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Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Competition Policy, and Consumer Rights
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 144
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Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Competition Policy, and Consumer Rights
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 184
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Author: U S Department of Justice
Publisher: Legare Street Press
ISBN: 9781017750751
Category :
Languages : en
Pages : 0
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Phillip Areeda
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages :
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Author: H. Stephen Harris
Publisher: American Bar Association
ISBN: 9781570738814
Category : Law
Languages : en
Pages : 1706
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Author: James C. Cooper
Publisher:
ISBN:
Category :
Languages : en
Pages : 27
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After North Carolina State Board of Dental Examiners v. FTC, it is clear that the antitrust laws have an important role to play in reforming occupational licensing, but the exact framework remains an open question. Under a rule of reason analysis, health and safety rationales are off limits. But if state board cannot draw on these types of consumer protection arguments to defend their actions, as a practical matter, can a state board ever win an antitrust suit? Some have suggested applying a modified rule of reason to incorporate non-competition justifications. But these approaches threaten to summon the ghost of Lochner and raise problems of subjectivity and predictability that are sure to arise when courts and enforcers are called on to weigh losses in competition against purported gains across other dimensions. Rather than expanding the rule of reason to accommodate non-competition concerns, there is a better path that draws from PolyGram Holding, Inc. v. FTC. Given the vast empirical literature pointing to the harms from state regulation of professions, board actions that restrain competition should be treated as inherently suspect as a matter of law. As such, in an antitrust challenge, the burden of persuasion immediately should fall to the board to provide an efficiency rationale that is both cognizable and plausible. If the board cannot muster a story involving cognizable benefits to competition to justify the restraint, it should be condemned as per se illegal, and the authorizing law subject to preemption. If the board is able to offer a justification that sounds in competition, it still must provide a plausible reason why either the restraint offers procompetitive benefits or does not harm competition. If they cannot meet this burden, the restraint should be condemned summarily. If they do, courts will conduct a full-blown rule of reason in inquiry.
Author: United States. Congress. House. Committee on the Judiciary. Task Force on Competition Policy and Antitrust Laws
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 104
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