Category Archives: Current Issue: Articles

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 […]

Cuba: Déjà Vu or New Beginnings

Ryan Forrest, Hunter W. Phillips, & Magena Rodriguez – That the United States has long had a strained relationship with Cuba is no secret to the international community. Most recently, this strain has been embodied in a commercial, economic and financial embargo that has been enforced by the United States since 1962. That said, focusing only […]

Whatever Happened To Quick Look?

Edward D. Cavanagh – In California Dental Ass’n v. F.T.C. (hereafter “Cal Dental”), the Supreme Court observed that there is no sharp divide separating conduct that can be summarily condemned under section one of the Sherman Act as per se unlawful from conduct that warrants a more searching factual assessment to ascertain any anticompetitive effect and hence its […]

Rethinking Article III Standing in Class Action Consumer Protection Cases Following Spokeo v. Robins

Joshua Scott Olin – The Supreme Court recently handed down the landmark decision of Spokeo, Inc. v. Robins, holding that a “bare procedural violation” of a federal consumer protection statute—namely, the Fair Credit Reporting Act—was not enough to satisfy Article III standing because the injury alleged was particularized but not concrete. AfterSpokeo, those wishing to bring suit […]