Category Archives: Current Issue: Articles

The Final Rule: A Call for Congressional Action to Return the FLSA and the Middle Class to Its Former Glory

Ashley Singrossi 2017 was full of change in America. But not for the middle class. The middle class remained stagnant, if not shrinking—as it has been for decades. Many scholars and economists theorize why the class that is the backbone of America—that once flourished as the beacon of hope for hard–working people around the world—has […]

Setting Sail to Cuba: Analyzing the Recent Introduction of Cruise Lines and the Impact on American Tourist Freedom

Alessandria San Roman After President Obama’s announcement in early 2015 of increased relations with the Cuban government despite the existing Cuban embargo under the Helms–Burton Act and the Cuban Democracy Act, Carnival Cruise line made history in July of 2015 when it became the first United States cruise line to receive approval from both the […]

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 […]