[PDF] Assessment Of Antitrust Actions Affecting Dentistry eBook

Author : Herbert Hovenkamp
Publisher :
Page : 17 pages
File Size : 43,13 MB
Release : 2015
Category :
ISBN :

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This brief essay analyzes the Supreme Court's 2015 decision in the North Carolina Dental case, assessing its implications for federalism. The decision promises to re-open old divisions that had once made the antitrust "state action" doctrine a controversial lightning rod for debate about state economic sovereignty.One provocative issue that neither the majority nor the dissenters considered is indicated by the fact that nearly all the cartel customers in the Dental case were located within the state. By contrast, the cartel in Parker v. Brown, which the dissent held up as the correct exemplar of the doctrine, benefited California growers while visiting nearly all of its harm upon other states. This fact serves to make the Dental case more paternalistic in the sense that it amounts to federal management of a state's internal economy when there are not significant externalities, at least not as identified in the decisions.If a state's bad economic policy injures mainly the state's own citizens, what should be the role of federal antitrust policy? The same question came up with respect to the state action doctrine's authorization requirement in the Court's 2013 Phoebe-Putney case, which involved a merger of two relatively rural hospitals in the center of the state, and that very likely served few out of state patients. Significantly, the state action doctrine's twin requirements of clear state articulation and active state supervision never make extraterritorial impact relevant. The end result, however, is to give the federal courts an antitrust role not merely in cases with a significant interstate impact, but also where state government's internal deficiencies injure its own citizens.

Author : Phillip E. Areeda
Publisher : Aspen Publishing
Page : 1175 pages
File Size : 10,84 MB
Release : 2021-09-15
Category : Law
ISBN : 1543817491

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Distinguished authorship characterizes Antitrust Analysis: Problems, Text, and Cases, first written by Phil Areeda, the leading antitrust commentator of the 20th century. The text continues to be revised by three of the leading lawyer economists of the early 21st century. This traditional casebook is also known for its pedagogy (cases, explanatory text, and problems) and insightful text that conveys essential background information along with necessary economic principles. Recognizing that the most important development in antitrust doctrine over the past fifty years is the increasingly central role of economic analysis, the authors take great care to convey economic learning to students in plain language with a minimum of technical apparatus, resulting in a powerful volume adopted by experienced instructors and first-time teachers alike. Helpful appendices include Selected Statutes, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. New to the Eighth Edition: The addition of C. Scott Hemphill as a co-author, adding to the already distinguished author team. Since the last edition, antitrust enforcers and courts have struggled to grapple with the rising importance of platforms in our increasingly digital economy. The new edition gives extensive attention to these developments, including: The Supreme Court’s decision in Ohio v. American Express Major enforcement actions against Apple, Facebook, and Google New Vertical Merger Guidelines Completely rewritten and streamlined introductory material in Chapter 1. Professors and student will benefit from: Distinguished authorship: Original author Areeda was the leading antitrust commentator of the 20th century; Kaplow, Edlin, and Hemphill are leading lawyer-economists of the early 21st century. Pedagogy: Traditional casebook with cases, explanatory text, and problems. Insightful textual explanations convey essential background information and necessary economic principles. Adopted by experienced instructors and first-time teachers alike. Appendix includes selected statutes and the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. Teaching materials Include: Teacher’s Manual