Iowa Law Review

The University of Iowa publishes the Iowa Law Review five times a year. Founded in 1915, this journal focuses its articles on all aspects of law.

Articles from Vol. 100, No. 5, May

All I Really Need to Know about Antitrust I Learned in 1912
I. INTRODUCTIONHerbert Hovenkamp has indisputably earned the deanship of contemporary antitrust scholarship. One could point to many different attributes by which he has earned his laurels: fantastic scholarly productivity; clarity and precision in the...
Antitrust Arbitration and Illinois Brick
I. INTRODUCTIONThe proper role of private enforcement in antitrust law has long been debated. One of the most significant judicial reforms of antitrust law associated with the Chicago School was the Supreme Court's decision to limit standing to direct...
Antitrust Federalism and State Restraints of Interstate Commerce: An Essay for Professor Hovenkamp
I. INTRODUCTIONProfessor Hovenkamp has made important and insightful contributions to the literature on antitrust federalism, antitrust history, and the influence of evolving theories of political economy on antitrust doctrine and constitutional law....
Deterrence and Antitrust Punishment: Firms versus Agents
(ProQuest: ... denotes formulae omitted.)I. INTRODUCTIONAntitrust enforcement regimes rely on two systems of penalties for deterrence: penalties against the violating firm and penalties against the agents of the violating firm. One of the main differences...
Iowa Law Review: A Century of Work Worth Doing
Unlike many other institutions, student-edited law reviews never have the luxury of operating over a period of years with one increasingly experienced leadership team standing steadily at the helm. Rather, the students who run our journals are akin to...
Judicial Treatment of the Antitrust Treatise
I. INTRODUCTIONHerbert Hovenkamp has had a tremendous impact in antitrust scholarship. With over 4000 citations in the Westlaw JLR database (most of which are for his antitrust scholarship), Hovenkamp is one of the most cited scholars in legal academia...
Licensing Health Care Professionals, State Action and Antitrust Policy
I. INTRODUCTIONIn Capitalism and Freedom, Milton Friedman pointed out that one rationale for restricting the number of physicians involved the preservation of quality.1 He explained that restricting supply will prop up physician incomes and thereby reduce...
Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages
I. INTRODUCTIONIn theory, victims of antitrust violations receive treble damages.1 In practice, however, almost every successful antitrust damages action settles. Because final verdicts in antitrust cases are exceptional, it may be more accurate to describe...
Promoting Innovation
I. INTRODUCTIONThe economist Joseph Schumpeter recognized two essential facts of modern capitalism: (1) the sudden displacement of the old by the new-a process he eloquently termed "creative destruction"-and (2) the primacy of innovation over incremental...
Quality-Enhancing Merger Efficiencies
I. INTRODUCTIONThe role of merger efficiencies remains unresolved in U.S. antitrust law and policy.1 Within the world of merger efficiencies, the antitrust agencies and courts have spent less effort in analyzing and developing workable legal rules with...
The Commerce Requirement in Tying Law
I. INTRODUCTIONCourts condemn tying arrangements based on the assumption that firms are leveraging their market power in one market (the "tying product market") in order to monopolize a second market (the "tied product market").1 A tying arrangement...
The Durability of Formalism in Antitrust
I. INTRODUCTION"Antitrust formalism" consists of commitments to interpretations of the antitrust laws that require courts to discount and even disregard relevant competitive effects. Examples of antitrust formalism include the per se rule against price...
The Federal Trade Commission as an Independent Agency: Autonomy, Legitimacy, and Effectiveness
I. INTRODUCTIONOn March 16, 1915, the Federal Trade Commission ("FTC") opened for business and began what has proven to be a uniquely compelling experiment in economic regulation.1 The FTC was the first law enforcement agency to be designed "from the...
The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust
I. INTRODUCTIONIt is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator.1 And since the antitrust agencies,...
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