THE INFLUENCE OF ECONOMICS ON ANTITRUST LAW

Economists today play prominent roles in formulating antitrust policy and litigating antitrust cases. This paper explains why economics influences antitrust law and describes how economic theories enter and shape the antitrust system. Antitrust policy and doctrine change over time in response to developments in economic theory, and the decentralization of the antitrust adjudication system and the wide latitude accorded judges in interpreting antitrust statutes ensure that legal rules will reflect advances in the economic literature concerning the appropriate content of standards governing business conduct.     

HOW MANY CHEERS FOR ANTITRUST'S 100 YEARS?

This article describes the ambiguity inherent is U.S. antitrust policy, arguing that it is a necessary consequence of the true, but not commonly understood, task of antitrust policy. Competition is multidimensional in form, and its different dimensions cannot be maximized together. Therefore, antitrust policy cannot maximize competition per se, but aims to achieve an efficient mix of competitive forms. Inadequate knowledge of the technical and preference tradeoffs involved guarantees that questions about the appropriate competitive mix will remain open to debate. The resulting policies, in the author's opinion, merit one cheer out of a possible three.     

Institutional Conditions of Economic Globalization: Effects of Antitrust and Merger Laws on the Global Integration of the Acquisition Market1

A central insight from institutional theory about markets is that they cannot operate without governing rules to guide interactions among actors. Because most of these rules are made and enforced within national borders, international economic transactions are said to suffer from an “institutional abyss,” the lack of institutional arrangements for economic exchanges. Scholars have found that the abyss can be filled by two factors: network connectedness, such as inter-governmental organizations, and intercountry economic agreements, such as the World Trade Organization or free trade. This article proposes a third factor: the global diffusion of governmental regulations. When countries adopt highly standardized regulations on a particular transaction, it provides legal familiarity for foreigners and reduces procedural uncertainty surrounding how the transaction should be executed. Using fixed-effects models on longitudinal data, I show that the adoption of antitrust and merger laws increases the volume of cross-border mergers—the transaction the laws are meant to regulate. This result stands in direct opposition to financial scholars’ predictions that antitrust and merger laws will reduce cross-border mergers because the laws are meant to restrain, not liberate, the transaction. This article theorizes how the diffusion of regulations, not the elimination of regulations, can facilitate global market integration.     

ANTITRUST POLICY AND MERGERS: THE WEALTH EFFECT OF SUPREME COURT DECISIONS

Many believe that antitrust policy has had a dramatic impact on merger strategies in the United States. For this to be true, enforcement of antitrust laws must affect a wide range of firms, not just those firms whose mergers are contested. This study tests whether or not firms engaged in uncontested mergers are affected by antitrust enforcement, as signalled by Supreme Court decisions. Using event study methodology, we find that antitrust policy against mergers was binding during the 1960s and 1970s as it ulowered the value of targets in ucontested ongoing mergers.     

PRIVATE INTEREST SUPPORT FOR EFFICIENCY ENHANCING ANTITRUST POLICIES

Recent discussions of antitrust based on the private interest theory of government conclude that the real, as opposed to the stated, purpose of antitrust legislation is to protect politically influential industries against competition. Yet several prominent antitrust scholars who accept the private interest theory of government in general see antitrust legislation serving the public interest by increasing competition. We argue that the private interest theory of government is consistent with the view that antitrust legislation promotes competition. Indeed antitrust legislation may be supported by organized interest groups because such legislation increases the competition they face.     

ECONOMIC WELFARE, PRICE AND PROFIT: THE DETERRENT EFFECT OF ALTERNATIVE ANTITRUST REGIMES

This paper critically examines the deterrent effect of price-fixing statutes under alternative antitrust regimes. A regime is defined by the litigation strategy which the antitrust agency employs in detecting cartels and in determining whether prosecution is warranted and by the basis upon which courts estimate damages. The results of the analysis suggest that antitrust policy may actually induce cartels to further restrict output, increasing welfare loss above the level imposed by an unthreatened, perfect monopoly. Litigation strategy and damages should be founded upon consideration of welfare loss measures to avoid this possibility.     

ANTITRUST and COMPETITION, HISTORICALLY CONSIDERED

Although antitrust laws enjoy wide support among economists, there was almost no such support during the early years of the Sherman Act. One reason for this transformation is a change in the theory of competition. Until the 1920s most economists viewed competition as a dynamic, rivalrous process that would be stifled by antitrust laws. Once the perfect competition model–which largely ignores rivalry–was accepted, economists' opinions of antitrust grew more favorable. To the extent that antitrust interferes with rivalry and enterprise, the competitive model has very likely misdirected the profession, at least as far as antitrust policy is concerned.     

Demand cross elasticity without substitutability: An experiment

We study a market in which goods are produced under low marginal costs with a poor degree of substitutability among products. In this environment we ran an experiment to explain why prices are interdependent even when preferences are independent. We compare our results to previous theoretical and laboratory experimental literature on price fairness. We find that even in the absence of interaction among subjects, price fairness/unfairness does play a major role in the decision to accept or reject a deal. Subjects tend to be more resistant to a price increase and reject a deal when the preferred product is not referenced to price increases of not substitute products, if these products are considered to be a benchmark for fair conduct. Thus demand cross elasticity can arise between products that are not substitutes. This result has important implications for antitrust policy. In delineating a market perimeter, fairness concerns suggest that products that are similar but not interchangeable should be included in the relevant antitrust market.     

The law of migrants

While it is acknowledged that international migration law is attracting increased interest, this law merely describes the conditions of admission, sojourn, employment, and exit of migrants, thus amounting in many respects to a restatement of the law of aliens considered in a different perspective. This article concentrates on the humanitarian aspects of migration law, in an attempt to determine the possibility of joint promotion and dissemination of human rights, international humanitarian law, refugee law, law of migrants, and relief law. Refugees are protected by a series of international legal instruments, both universal and regional, which are complemented, if need be, by resolutions of the competent bodies. 2 reasons why the law of migrants deserves to be highlighted and developed are: 1) we have seen that the characteristic aspects of migration are either ignored or only partially taken into account by existing law, and 2) it is important that individuals should be protected in every circumstance. There exists a relatively narrow basis for joint action; since this must be built on points of convergence, a preliminary step consists of identifying this common denominator. The forms which joint action may take can be less structured and reflected in the individual practice of each organization The sine qua non of successful joint action is an awareness of the enterprise's ultimate goal: to assure in every circumstance better protection for human beings, whatever their legal status may be.     

How Cuba burned with the ghosts of British slavery: race,abolition and the Escalera

In the antebellum period, a system of slave trials operated in Virginia that was entirely at odds with the common law practices that governed the trial of most defendants, free and enslaved, throughout the southern states. This article examines the operation and implications of this system in Richmond, Virginia, between 1830 and 1861 and argues that the absence of due process protections for slaves enabled the legal system to better serve the interests of the slaveholding class than in common law jurisdictions. This was particularly significant in Richmond, as urban-industrial conditions made slaveholders extremely dependent on the law to combat slave crime. By the 1850s, however, the conflict between Virginia's slave trial system and Anglo-American common law culture, as well as between slaveholder and nonslaveholder interests, had resulted in adjustments to the system that signalled the start of its decline.     

The Position of the Customs Law in the Legal System

The article considers the position of customs law in the legal system. It starts with changes concerning the phenomenon known as customs policy. The customs policy of the European Union is a foundation of the Union and an essential element in the functioning of the single market. All these changes have to be regulated by law; one of the branches is financial law. It represents a system of legal rules regulating the social and economic relationships that emerge in the process of generating, distributing, and using the centralised and decentralised monetary funds (financial resources) in the environment of the state and of self-governing administrative units, in the interest of providing for financial coverage of the fulfilment of their respective functions. The Slovak legal system and its individual branches including financial law can be characterised on the basis of certain principles. These represent basic goals, rules, and requirements expressing the substance and main focus of a particular branch of law. These principles are described. The second part of the article concerns the position of customs law, which here represents a system of legal rules regulating the social and economic relationships emerging in the process of movement of goods over the customs border. Customs law has its own development and is given a new dimension and dynamics by the common European area in the form of the European Union. The article concludes with the position of customs law, defining it as a subsection of financial law.     

AN ANALYTIC HISTORY OF DELIVERED PRICE LITIGATION: DO COURTS PROPERLY DISTINGUISH RIVALROUS FROM COLLUSIVE INSTANCES?

The federal judiciary's present, cautious approach to delivered pricing is appropriate. Using court records and recent contributions to the economic literature, this article evaluates the antitrust history of those practices. Delivered pricing can replace mill pricing naturally in some rivalrous settings, but under special circumstances could be collusive. Thus, delivered pricing has sometimes been adjudged a Sherman Act violation, but only given other evidence of collusion. For a time, however, the legal system threatened to treat delivered pricing as a per se violation of the Clayton and Federal Trade Commission Acts. That reflected poor economic understanding.     

Sentencing Male Sex Offenders Under the Age of 14: A Law Reform Advocacy Journey in Hong Kong

The common law presumption that a boy under the age of 14 is incapable of sexual intercourse has provoked controversial debates in Hong Kong. This article describes a 6-step advocacy journey to examine how community efforts have helped modify this law so that juvenile male sexual offenders under the age of 14 who have committed the crime of having sexual intercourse with underage females can be sentenced to receive appropriate treatment. Seven court cases provided by the magistrates’ courts in Hong Kong were used in this advocacy effort for the removal of the presumption in July 2012. Although this effort has yet to reveal signs of effectiveness, it represents greater public awareness about providing rehabilitation appropriate for juvenile sex offenders through a formal sentence. Restorative justice, as opposed to retributive or punitive justice, places an emphasis on rehabilitation of the offender and restoration of victims to a place of wholeness.     

Using the lessons learned from US and English law to create a regulatory framework for charities in evolving democracies

The evolving democracies of Eastern Europe and the former USSR republics are keenly interested in establishing charities. They have little law on this issue because their former governments did not encourage the development of charities. This article compares US and English regulation of charities and proposes a regulatory framework based on what the authors believe are the best attributes of both. Although the framework is based on the common law system, it can be adapted to the civil law systems of the Eastern European nations and the former USSR republics. The article includes such issues as developing a body of law, tax relief and creating a regulatory agency.Mr Hopkins is a lawyer with Powers, Pyles & Sutter, 1275 Pennsylvania Ave., N.W., Washington, D.C. 20007, and author ofThe Law of Tax-Exempt Organizations (1992a).Ms Moore is also a lawyer, 5908 N. 35th St., Arlington, Virginia 22207.The authors would like to thank Mssrs Kersi Shroff and Stephen F. Clarke, Senior Legal Specialists, American-British Law Division, Library of Congress, and Mr. William H. Morris, an attorney at Steptoe & Johnson, Washington, D.C., for their kind assistance during the researching of this article.     

Protection of Rights of Adopted Children in Relation to Duties of Adoptive Parents Under the Law in Malaysia

The relationship between parents and children can be established either through “blood,” marriage, or adoption. This relationship gives rise to certain rights and obligations. This article seeks to examine the protection of those rights of adopted children under the law in Malaysia and to evaluate the extent to which the law protects the rights of adopted children. This article will also examine whether the law in Malaysia imposes certain duties on the adoptive parents in fulfilling such rights.     

The Legal Road to Rights? Disabling Premises,Obiter Dicta and the Disability Discrimination Act 1995

This article offers a critical exploration of the current limits of the law in establishing and maintaining the rights of disabled people. By offering a critical jurisprudence perspective and applying this to the Disability Discrimination Act 1995, the article highlights the way in which pre-existing social dynamics underpin the manufacture and application of law. Despite the growth of social constructionist, realist, critical and post-modern views of laws, the continued power of natural and positivist views of laws as a supra-social code helps explain the current limits to anti-discrimination law. It is argued that, as a socially created phenomenon, law can be radically reconstructed. However, unless a fundamental reappraisal of law is undertaken, the Disability Discrimination Act and related legislation is likely to remain severely constrained.     

The Victim Advocacy and Research Group: Serving a Growing Need to Provide Rape Victims with Personal Legal Representation to Protect Privacy Rights and to Fight Gender Bias in the Criminal Justice System

The Constitutional guarantee of procedural “due process,” arguably the most essential principle of the American justice system, provides that no person should be deprived of their rights without, at a minimum, notice and an opportunity for a meaningful hearing. Yet the personal rights of crime victims and other third parties are often violated in criminal proceedings in the absence of even minimal respect for due process. The problem persists, in part, because the system does not provide victims with personal legal advocacy and prosecutors are neither obligated nor empowered to serve as the victim’s lawyer. This lack of systematic zealous advocacy for victimsproduces harmful common law principles that depend on andperpetuate false and prejudicial notions about the credibility of rape victims, and women as a class. This article calls for the creation of public and privately supported lawyers for victims at both the trial and appellate levels of the criminaljustice system in an effort to ensure respect for fundamental constitutional principles, and to identify and eradicate gender bias in the criminal common law.     

Rethinking law from below: experiences from the Kuna people and Rojava

ABSTRACT

This article presents a modest summary of the vivid discussions around the role of law and human rights that took place during the workshop ‘Seeking answers from below to the contemporary crisis of democracy’ in Siena in October 2018. Representatives from social movements, CSOs and academic considered law as one of the central issues to be discussed in order to better grasp and counter the global power structures. Law historically serves national and global elites’ interests, being applied to maintain the status quo of social injustice and inequalities. Therefore, this article presents some ideas and provokes some fundamental questions on how law and human rights can be part of an emancipatory project. Based on concrete experiences of the participants, from Rojava to the Kuna people, we critically discuss how legal instruments can be used to strategically defend people’s rights, strengthening the use of law from below.     

The Core Competency Movement in Marriage and Family Therapy: Key Considerations From Other Disciplines

There is a growing movement to define competency within the field of marriage and family therapy (MFT), particularly with respect to the training of practitioners and the evaluation of clinical practice. Efforts to define competency, however, transcend the practice of MFT and much can be learned from the experiences of other disciplines. Professions such as education, law, and medicine have made strides toward addressing the complex issue of competency standards in their respective fields. This article describes some ways in which the issue of competency has been approached in other professions, as well as some common dilemmas posed by adopting a competency-based orientation, to shed light on the process of defining competency in MFT. Moreover, this article identifies some of the more useful conceptualizations, modes of pedagogy, and evaluative practices found in other professions.