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Author: Publisher: ISBN: 9781596224223 Category : Law Languages : en Pages : 185
Book Description
Antitrust Law Settlements and Negotiations is an authoritative, insider¿s perspective on best practices for dealing with the most prevalent laws that surround antitrust accusations and lawsuits. Featuring partners and chairs from some of nation¿s leading firms, these experts guide the reader through the intricacies of antitrust litigation, highlighting the best courses for companies to take in civil litigation and government investigations. These top lawyers give tips on mergers and acquisitions, federal regulatory compliance, and key defense strategies. In addition, the authors walk the reader through the significance of The Sherman Act, The Clayton Act, and Federal Trade Commission regulations, outlining key strategies on how to comply with each. Additionally, these leaders reveal their strategies for planning defensively, keeping abreast of change, and finding creative solutions in a variable area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field.
Author: Publisher: ISBN: 9781596224223 Category : Law Languages : en Pages : 185
Book Description
Antitrust Law Settlements and Negotiations is an authoritative, insider¿s perspective on best practices for dealing with the most prevalent laws that surround antitrust accusations and lawsuits. Featuring partners and chairs from some of nation¿s leading firms, these experts guide the reader through the intricacies of antitrust litigation, highlighting the best courses for companies to take in civil litigation and government investigations. These top lawyers give tips on mergers and acquisitions, federal regulatory compliance, and key defense strategies. In addition, the authors walk the reader through the significance of The Sherman Act, The Clayton Act, and Federal Trade Commission regulations, outlining key strategies on how to comply with each. Additionally, these leaders reveal their strategies for planning defensively, keeping abreast of change, and finding creative solutions in a variable area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field.
Author: Publisher: Aspatore Books ISBN: 9781596227118 Category : Law Languages : en Pages : 101
Book Description
Antitrust Dispute Resolution is an authoritative, insider's perspective on best practices for resolving antitrust disputes through negotiations and settlements. Featuring partners from some of the nation's leading firms, these experts guide the reader through the different aspects of an antitrust case and the key considerations to obtain the best resolution for a client. These top lawyers give tips on understanding the marketplace, assessing a client's financial liability, recognizing settlement opportunities, preparing for negotiations, and identifying and working with key players. From pursuing alternative dispute resolution when appropriate to getting the best settlement with respect to the client's future business practices, these authors describe the important factors inherent in an antitrust settlement and present advice on resolving disputes without entering into litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experience lawyers offer up their thoughts around the keys to navigating disputes in this ever-evolving area of law. Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial boardto author a chapter for this book. Chapters Include: 1. J. Donald Cowan Jr., Partner and Lisa Frye Garrison, Partner, Smith Moore LLP - "Negotiating Settlements Within the Framework of Antitrust Laws" 2. R. Bruce Holcomb, Partner and Antitrust Practice Leader, Dickstein Shapiro LLP - "The Role of Settlement Counsel in Antitrust Cases" 3. Robert A. Jaffe, Partner, Kutak Rock LLP - "Business, Legal, and Strategic Aspects of Settling Antitrust Suits" 4. Paul J. Riehle, Partner, Sedgwick, Detert, Moran & Arnold LLP - "Negotiating for the Most Successful Settlement" 5. Leslie W. Jacobs, Partner, Thompson Hine LLP - "Practices of the Successful Antitrust Negotiator" 6. Gary M. London, Partner, Burr & Forman LLP - "Understanding the Three Sides to Antitrust Negotiations" 7. John F. McGrory Jr., Partner, Davis Wright Tremaine LLP - "The Elements of Antitrust Settlements and Negotiations" 8. Jesse W. Markham Jr., Partner and Co-Chair, Antitrust Practice, Morrison & Foerster - "The Key to Successful Negotiations" 9. Amy B. Manning, Partner, McGuireWoods LLP - "Avoiding and Solving Antitrust Problems through Compliance and Negotiation"
Author: Michael H. LeRoy Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Using textual analysis and data from federal court opinions, I explore the relationship between collective bargaining and antitrust litigation in baseball, football, basketball, and hockey. Since collective bargaining began in these sports in the 1960s, there have been 21 strikes or lockouts. Baseball and football have had the most labor strife, with 8 work stoppages apiece - but their experiences have been very different. Because the Supreme Court ruled that baseball is completely exempt from antitrust law, players have had to use the strike weapon under the National Labor Relations Act (NLRA) to liberalize free agency and increase team competition for their services. Football players, in contrast, staged several unsuccessful strikes in the 1970s and 1980s. Because of their weak bargaining power, they decertified their union in 1991 and 2011. This gave them standing as individuals under the Sherman Act to challenge NFL restrictions on their labor market mobility. Using detailed case materials, I show how a district court constantly supervised their labor agreement from 1993-2011. My study draws from legal and industrial relations theories to explain how labor agreements in pro sports are settled by collective bargaining or antitrust litigation. First, when courts do not define the antitrust-labor law boundary so that labor disputes are exempt from their jurisdiction, they open an alternative path to bargaining these agreements. Second, when courts entertain antitrust lawsuits, they raise the odds that economic weapons under the NLRA will not be used because of judicial inclination to protect players from irreparable harm and injury resulting from league-imposed labor market restrictions. Third, as this behavior becomes a pattern, collective bargaining is disrupted by faulty information as players, unions, and leagues guesstimate the odds that their differences will be settled at a collective bargaining table or in a court supervised negotiation. Fourth, as players negotiate better agreements in court compared to the bargaining table, they become addicted to this settlement process. To apply these theories, I use data from 82 federal antitrust court opinions from 1965-2011. Individual players are the most common antitrust plaintiff (65.5%), compared to player unions (8.6%). This means the dispute resolution processes of collective bargaining are supplanted by litigation in federal courts. And except for baseball players, pro athletes often lose labor disputes when economic weapons are used. Their dismal bargaining experience substantially improves, however, by suing under the Sherman Act. In court, players win 43.9% of the rulings, compared to 46.3% for the leagues. These rulings - for example, an injunction that ends a league's restrictions on free agency - can have dramatic consequences for antitrust settlements that are later codified in a collective bargaining agreement. Textual analysis of cases supports this conclusion. Applying the “narcotic effect” theory from industrial relations, I conclude that antitrust litigation addicts players in football and basketball to the adjudicatory procedures of the Sherman Act - thereby replacing collective bargaining. This is undesirable because Congress intended, under the NLRA, to leave labor and management free from government interference as they adjust their differences. In contrast, baseball's total exemption from antitrust law, combined with its high frequency of work stoppages, shows what happens when the opiate of antitrust litigation is not available to players: In time, labor and management establish an informed bargaining protocol, and work through their issues by making difficult concessions on their own. As long as courts entertain these sports lawsuits under the Sherman Act, collective bargaining will be subverted.
Author: Andrew Trask Publisher: Oxford University Press ISBN: 019996758X Category : Law Languages : en Pages : 362
Book Description
Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. The authors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss the specific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficult negotiations.
Author: Erik Hovenkamp Publisher: ISBN: Category : Languages : en Pages : 64
Book Description
For competing firms, a patent settlement provides a rare opportunity to write an agreement that forestalls competition without transparently violating the antitrust laws. Problematically, such agreements are highly profitable for reasons that have nothing to do with resolving a patent dispute. Thus, even if the firms think the patent is very likely invalid or noninfringed, they prefer to restrain competition to monopoly and share in the proceeds. In response, antitrust has recently come to focus on how the settlement's competitive effects compare to the expected result of foregone patent litigation, which seemingly requires some assessment of the likelihood that the patentee would have prevailed. But this “case-within-a-case” approach leads to major complications in practice. Indeed, outside of one well-known settlement format--so-called “pay-for-delay” agreements--how to administer this burgeoning antitrust standard remains an open question. Applying recent work in economics, this article argues that antitrust law should reframe its settlement analysis to focus entirely on the nature of the settlement agreement--the particular way it restrains competition or otherwise redistributes profits between the firms. That is because the settlement's design is ultimately what determines how private bargaining outcomes will compare to the firms' litigation expectations. Under this approach, the antitrust question can be addressed without inquiring into the likelihood that any particular patent is valid and infringed, making it much more administrable. Instead, the focus is on how the settlement design affects private bargaining generally. This disentangles the relevant antitrust violation from the extent of the resulting harm, and can be applied to all kinds of settlement agreements. Finally, this approach is broadly consistent with the Supreme Court's recent Actavis decision. All of this points to a clear prescription for antitrust reform: evaluate the agreement, not the patent.
Author: Giovanna Massarotto Publisher: ISBN: 9789403511337 Category : Antitrust law Languages : en Pages : 248
Book Description
Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure--and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU--the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies' behavior and agencies' practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law--economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today's market challenges.
Author: John J. P. Howley Publisher: ISBN: 9781578230662 Category : Languages : en Pages :
Book Description
Antitrust Depositions is a practical guide to taking & defending depositions to complex antitrust litigation. The book leads the practitioner through the essential elements of each substantive area of antitrust law. It uses examples from actual depositions to demonstrate the questions that must be asked to establish claim or defense, as well as lines of questioning that should be avoided. In addition, examples from court decisions & trial transcripts are used to demonstrate the purpose & use of depositions in summary judgment motions, class certification motions, & at trial. Special chapters are devoted to deposing expert witnesses & class representatives, FTC-related discovery, & antitrust issues in intellectual property litigation. The guide also contains a thorough discussion on the use of deposition to foster settlement negotiations.
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Author: Michael H. LeRoy
Author: Griffin B. Bell
Author: Andrew Trask
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Author: Erik Hovenkamp
Author: Giovanna Massarotto
Author: John J. P. Howley