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Modern antitrust enforcement is premised on maximizing consumer welfare through an examination of two variables: unit price and total output. That inquiry suffices for static markets for relatively interchangeable goods, but it is ill-suited for more dynamic markets. While typically associated with technological innovation, dynamic markets can take many forms. A firm's business model, for instance, can exhibit all the same indicia of innovation and fluidity as the technological intricacy of its product. But by treating firms with innovative business models as though they inhabit a separate market from their more traditional competitors, antitrust law places those firms at a comparative disadvantage. Rather than reward firms for the increased consumer surplus that results from business m...
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Supreme Court Of The United States Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., et al., 128 S.Ct. 761 (2008). Knight v. Commissioner of Internal Revenue, 128 S. Ct. 782 (2008). Seventh Circuit The HA2003 Liquidating Trust v. Credit Suisse Securities (USA) LLC, 2008 U.S. App. LEXIS 3504 (7th Cir. Feb 20, 2008). Ninth Circuit NLRB V. Friendly Cab Company, 2008 U.S. App. Lexis 259 (9Th Cir. Jan. 10, 2008). Developments The Microsoft Antitrust Battle Continues
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Attorney General-elect Patrick Morrisey wants to kick start a better business climate by reviewing and interpreting state laws and regulations. Morrisey wants to issue more advisory opinions to clarify how some of the regulations may be modified. Courts can overturn these non-binding advisory opinions, but they still carry weight, particularly in matters that do not go to court. Current Democratic Attorney General Darrell McGraw issues advisory opinions infrequently. Morrisey said state officials would have to ask him before he could issue an advisory opinion. Asked why state officials would seek opinions clarifying laws and regulations they may have helped write, Morrisey said theres a lot of inertia in state government. Unless youre looking at things, people sometimes dont question wh...
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Summer vacation has just started, but a newly formed law firm is taking small-business owners back to school, providing employment education that many never knew they needed. Having a base knowledge of employment laws on the front end prevents lawsuits down the road, said long-time employment attorney Alan Crone.
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Pssst ... want to hear a secret? Coach and management consultant Ed Poll wants to share a few in his new book, "Secrets of The Business of Law: Successful Practices for Increasing Your Profits.
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Daily Reporting Suite Specialty Topics include: Antitrust, Securities Regulation, Health Law, Employment Law & Intellectual Property Wolters Kluwer Law & Business
