Federalism and Antitrust Reform

Federalism and Antitrust Reform
Author: Herbert Hovenkamp
Publisher:
Total Pages: 24
Release: 2005
Genre:
ISBN:

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Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action doctrine creates approximately the correct balance between state and federal authority where competition is concerned, although both its clear articulation and active supervision prongs need to be strengthened and refined. In addition, basing state action immunity on the degree to which a state imposes the burden of in-state monopoly on out-of-state interests very likely comes with greater costs than any benefit that is likely to result.

Antitrust Federalism

Antitrust Federalism
Author:
Publisher: American Bar Association
Total Pages: 120
Release: 1988
Genre: Law
ISBN: 9780897074131

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This work examines the role that state antitrust law plays in our national competitve policy and surveys the similarities and differences between state and federal antitrust laws.

The Privatization of Health Care Reform

The Privatization of Health Care Reform
Author: M. Gregg Bloche
Publisher: Oxford University Press
Total Pages: 245
Release: 2002-10-17
Genre: Medical
ISBN: 0199770026

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Markets, not politics, are driving health care reform in America today. Inventive entrepreneurs have transformed medicine over the past ten years, and no end to this period of rapid change is in sight. Consumer anxieties over managed care are mounting, and medical costs are again soaring. Meanwhile, the federal government remains mostly on the health policy sidelines, as it has since the collapse of the Clinton administration's campaign for health care reform. This book addresses the changes that the market has wrought- and the challenges this transformation poses for courts and regulators. The law that governs the medical marketplace is an incomplete, overlapping patchwork, conceived mainly without medical care specifically in mind. The ensuing confusion and incoherence are a central theme of this book. Fragmentation of health care lawmaking has foreclosed coordinated, system-wide policy responses, and lack of national consensus on many of the central questions in health care policy has translated into legal contradiction and bitter controversy. Written by leading commentators on American health law and policy, this book examines the widely-perceived failings of managed care and the law's relationship to them. Some of the contributors treat law as a cause of trouble; others emphasize the law's potential and limits as a corrective tool when the market disappoints. The first two chapters present contrasting overviews of how the doctrines and decision-makers that constitute health law work together, for better or worse, to constrain the medical marketplace. The next six chapters address particular market developments and regulatory dilemmas. These include the power of state versus federal government in the health sphere, conflict between insureres and patients and providers over medical need, financial rewards to physicians for frugal practice, the role of antitrust law in the organization of health care provision and financing, the future of public hospitals, and the place of investor-owned versus non-profit institutions. Acknowledging the health sphere's complexities, the authors seek remedies that fit this country's legal, political, and cultural constraints and can contribute to reasoned regulatory goverance. Within limits they believe a measure of rationality is possible.

Reforming Antitrust

Reforming Antitrust
Author: Alan J. Devlin
Publisher: Cambridge University Press
Total Pages: 649
Release: 2021-08-19
Genre: Law
ISBN: 1009006266

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Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

Free Market State (Of Mind)

Free Market State (Of Mind)
Author: Jorge L. Contreras
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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The Utah Constitution states that “[i]t is the policy of the state of Utah that a free market system shall govern trade and commerce in this state to promote the dispersion of economic and political power and the general welfare of all the people.” Utah's so-called Free Market Clause, adopted in 1992, is unique among the constitutions of the fifty states. Through an excavation of the historical record and contemporary literature, this article shows that the Free Market Clause owes its existence to the influence of Professor John J. Flynn of the University of Utah, whose pioneering work on antitrust federalism was rooted in Rawlsian notions of distributive justice and economic equality. One of the early critics of the Chicago School's output-based economic approach to antitrust analysis, Flynn actively sought to infuse antitrust regulation, primarily at the state level, with notions of wealth inequality, distributive justice and individual liberty. Yet in recent years conservative groups have taken up the Free Market Clause as a potential deterrent to progressive regulation. And in the three decades since it was enacted, the courts of Utah have all but forgotten the origin and purpose of this unique and empowering constitutional pronouncement, finding it to be non-self-executing and thereby non-judiciable. This Article, for the first time, unearths the forgotten intellectual history of Utah's Free Market Clause and explores its three principal applications: (1) an interpretive aid to Utah's Antitrust Act, which was modeled on the federal Sherman Antitrust Act, (2) a standalone constitutional claim against anticompetitive state regulations and private conduct, and (3) an alternative approach to federal antitrust analysis that supplements neoclassical economics with concerns over wealth inequality, distributive justice and individual liberty.

Antitrust Federalism

Antitrust Federalism
Author:
Publisher:
Total Pages: 63
Release: 1988
Genre: Antitrust law
ISBN:

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How Antitrust Failed Workers

How Antitrust Failed Workers
Author: Eric A. Posner
Publisher: Oxford University Press
Total Pages: 225
Release: 2021
Genre: LAW
ISBN: 019750762X

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"Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--

Economics of Regulation and Antitrust

Economics of Regulation and Antitrust
Author: W. Kip Viscusi
Publisher: MIT Press
Total Pages: 955
Release: 2005-08-19
Genre: Business & Economics
ISBN: 026222075X

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A substantially revised and updated new edition of the leading text on business and government, with new material reflecting recent theoretical and methodological advances; includes further coverage of the Microsoft antitrust case, the deregulation of telecommunications and electric power, and new environmental regulations. This new edition of the leading text on business and government focuses on the insights economic reasoning can provide in analyzing regulatory and antitrust issues. Departing from the traditional emphasis on institutions, Economics of Regulation and Antitrust asks how economic theory and empirical analyses can illuminate the character of market operation and the role for government action and brings new developments in theory and empirical methodology to bear on these questions. The fourth edition has been substantially revised and updated throughout, with new material added and extended discussion of many topics. Part I, on antitrust, has been given a major revision to reflect advances in economic theory and recent antitrust cases, including the case against Microsoft and the Supreme Court's Kodak decision. Part II, on economic regulation, updates its treatment of the restructuring and deregulation of the telecommunications and electric power industries, and includes an analysis of what went wrong in the California energy market in 2000 and 2001. Part III, on social regulation, now includes increased discussion of risk-risk analysis and extensive changes to its discussion of environmental regulation. The many case studies included provide students not only pertinent insights for today but also the economic tools to analyze the implications of regulations and antitrust policies in the future.The book is suitable for use in a wide range of courses in business, law, and public policy, for undergraduates as well at the graduate level. The structure of the book allows instructors to combine the chapters in various ways according to their needs. Presentation of more advanced material is self-contained. Each chapter concludes with questions and problems.

Comparative Constitutional Design

Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 407
Release: 2012-02-27
Genre: Law
ISBN: 1107020565

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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.