Will Justice Kavanaugh Give Plaintiffs Another Bite at Apple Inc.?



Templeton Timothy – Antitrust laws have been in place for decades, and their objective is to eliminate or regulate practices that may obstruct free competition. Whenever people discuss antitrust laws, they are likely referencing one or more of four acts by Congress. The first is The Sherman Act of 1890. The aim of this act was […]



The Uncertain Future of the Free Market in Hong Kong



Aaron Seals – Hong Kong, a tiny island smaller than Rhode Island, has an unusual history. Britain claimed parts of Hong Kong in the mid-nineteenth century and in 1892 legally leased the island from China for a term of 99 years. Although the negotiator of the lease believed the 99-year term actually granted Britain the island […]



Applying Federal Securities Laws to the ICO Frontier



Bridgett Bauer – Beginning in 2017, cryptocurrency experienced an unfathomable boom, paving the way for unconventional methods of funding. Initial Coin Offerings (“ICOs”) have quickly dominated the emerging market for virtual assets, while also coming under extreme scrutiny. Sharing features of initial public offerings (“IPOs”) and crowdfunding campaigns, ICOs provide an unregulated mechanism for funding start-up […]



Lamps Plus Inc. v. Frank Varela, Defining Limits of the Federal Arbitration Act



Stephanie Marmol – In the corporate sphere, as the preference to enter into arbitration agreements increases, since arbitration is more time and cost effective than litigation, so does the need for the Supreme Court to give guidance on the standards that will assist in the interpretation and application of the Federal Arbitration Act (“FAA”).  One of […]



The Growing Issue of CTE in NFL Players



Taylor Jobb – American football is one of the most violent sports played today. A recently debated major consequence of that violence is chronic traumatic encephalopathy (CTE). CTE is a condition of brain damage as a result of traumatic impacts to the cranium, which persists over a period of years or decades. A new study […]



The Importance of Justice Kennedy’s “Swing Vote”—As Shown by Recent 5-4 Decisions Involving Unions



Brandon Jeter – Known for casting the often critical “swing vote,” Justice Anthony Kennedy has played a particularly crucial role in the development of modern Supreme Court jurisprudence. With his retirement this Summer, and a vacant Supreme Court seat presumably soon to be filled, the future of the Court is a focus of much of the […]



Scared of Crypto? Try Investing in Justice



Dimitrije Canic – The 1990s were the start of investing expansion. Wall Street figured out a way to invest into anything and everything; including lawsuits. Known as third-party litigation financing, the idea is that a private investor pays for legal services and negotiates his return on investment with the lawyer or law firm trying the case. […]




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Applying the Rule of Reason to Two–Sided Platform Businesses



David S. Evans and Richard Schmalensee In recent years, the federal courts’ analysis of the competitive effects of conduct challenged under the Sherman Act’s rule of reason, which generally includes market definition as a critical step, has been properly guided by sensitivity to business reality and sound economic analysis of the conduct at issue. When […]



Market Power and American Express



John B. Kirkwood The Second Circuit ruled that American Express did not have market power because it operated in a two-sided market and any leverage it exercised over merchants derived from its successful competition for cardholders. As a result, the relevant market had to include both sides of a credit card transaction, the company’s market […]



Assessing the Competitive Effects of Surcharging the Use of Payment Mechanisms



Steven Semeraro The Department of Justice’s theory of liability in its case attacking the non–discrimination provisions in American Express’s merchant contracts contends that point–of–sale competition on the price of making a purchase with a credit card is an instrument creating economic efficiency. That is, the economy would run more efficiently, and consumers would be better […]