Antitrust and Unfair Competition Law
Competition: SPRING 2023, Vol 33, No. 1
Content
- 133 Years Young: Sherman Act Section Two Keeps Up With Big Tech
- Antitrust Restoration From California Anchored By a New Monopolization Synthesis
- California Should Amend the Cartwright Act To Address Single-firm Monopolization
- Competition Beyond Rivalry: Adapting Antitrust Merger Review To Address Market Realties
- Dormant Commerce Clause: a Potential Brake On State Antitrust Legislation
- Executive Committee
- Message From the Advisors
- Message From the Editor
- Over-prescription Is Bad Medicine: the Case Against a Knee-jerk Revision of Antitrust Injury
- Restrictions On Worker Mobility and the Need For Stronger Policies On Anticompetitive Employment Contract Provisions
- Should California Adopt Revisions Proposed By Congress and the New York State Legislature To Address Single-firm Conduct?
- Technological Monopolies, Innovation, and the Personal Freedom To Form Businesses: Like Oil and Water?
- The Adaptable Antitrust Laws
- The Risks of Requiring California-specific Merger Approvals
- Updating the Cartwright Act For the Twenty-first Century: Allowing Antitrust Claims For Unilateral Conduct
- Why Has California Waited So Long To Enact Its Own Merger Review Law?
- Table of Contents
TABLE OF CONTENTS
3
MESSAGE FROM THE ADVISORS
By Cheryl Lee Johnson and Geoffrey T. Holtz
6
MESSAGE FROM THE EDITOR
By Anupama K. Reddy
10
EXECUTIVE COMMITTEE
12
SHOULD CALIFORNIA ADOPT REVISIONS PROPOSED BY CONGRESS AND THE NEW YORK STATE LEGISLATURE TO ADDRESS SINGLE-FIRM CONDUCT?
By Susannah Torpey, Brandon Annette and Quinlan Cummings
24
UPDATING THE CARTWRIGHT ACT FOR THE TWENTY-FIRST CENTURY: ALLOWING ANTITRUST CLAIMS FOR UNILATERAL CONDUCT
By Joshua P. Davis and Julie A. Pollock
34
ANTITRUST RESTORATION FROM CALIFORNIA ANCHORED BY A NEW MONOPOLIZATION SYNTHESIS
By Jordan Elias
49
CALIFORNIA SHOULD AMEND THE CARTWRIGHT ACT TO ADDRESS SINGLE-FIRM MONOPOLIZATION
By Kendall MacVey and Wendy Y. Wang
59
TECHNOLOGICAL MONOPOLIES, INNOVATION, AND THE PERSONAL FREEDOM TO FORM BUSINESSES: LIKE OIL AND WATER?
By Christopher K.L. Young
69
THE ADAPTABLE ANTITRUST LAWS
By Lin W. Kahn, David C. Kiernan, Alyxandra Vernon, Maya Baumer
83
133 YEARS YOUNG: SHERMAN ACT SECTION TWO KEEPS UP WITH BIG TECH
By Madhu Pocha and Patrick Jones
89
OVER-PRESCRIPTION IS BAD MEDICINE: THE CASE AGAINST A KNEE-JERK REVISION OF ANTITRUST INJURY
By Beatriz Mejia, Dee Bansal, Alexander J. Kasner
99
WHY HAS CALIFORNIA WAITED SO LONG TO ENACT ITS OWN MERGER REVIEW LAW?
By Abiel Garcia
108
COMPETITION BEYOND RIVALRY: ADAPTING ANTITRUST MERGER REVIEW TO ADDRESS MARKET REALTIES
By Ausra O. Deluard
117
THE RISKS OF REQUIRING CALIFORNIA-SPECIFIC MERGER APPROVALS
By Sarah Melanson and Megan Yeates
128
RESTRICTIONS ON WORKER MOBILITY AND THE NEED FOR STRONGER POLICIES ON ANTICOMPETITIVE EMPLOYMENT CONTRACT PROVISIONS
By Donald J. Polden
148
DORMANT COMMERCE CLAUSE: A POTENTIAL BRAKE ON STATE ANTITRUST LEGISLATION
By Shira Liu
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