scholarly journals Time for a New Antitrust Era: Refocusing Antitrust Law to Invigorate Competition in the 21st Century

10.51868/4 ◽  
2021 ◽  
pp. 52-63
Author(s):  
Robert Mahari ◽  
Sandro Lera ◽  
Alex Pentland
Keyword(s):  
Review Process ◽  
Monopoly Power ◽  
Case Review ◽  
Sherman Act ◽  
Regulatory Strategies ◽  
Antitrust Laws ◽  
Data Ownership ◽  
Unique Nature ◽  
Definition Of ◽  
Regulatory Landscape

U.S. antitrust laws have repeatedly responded to the changing needs of the nation’s economy. As the marketplace grows ever more data-driven, we find ourselves at yet another critical economic juncture that requires us to revisit antitrust practices to ensure healthy and sustainable competition. In this article, we propose two new antitrust approaches that fit into the existing regulatory landscape, detect signs of anticompetitive behavior early, and handle the unique nature of the digital marketplace. First, we advocate for an expanded definition of monopoly power under the Sherman Act that takes corporate data ownership into account. While current proxies for monopoly power, namely market share and price control, are symptoms of anticompetitive behavior, data ownership is increasingly its harbinger. Second, we advocate for an expanded premerger review process that seeks to prevent nascent competitors from being swallowed up by dominant players, a widespread practice that can be shown to reduce competitiveness. To this end, we leverage new insights from network science and empirical data to anticipate which types of mergers are most likely to have anticompetitive effects. Finally, we propose scalable regulatory strategies to discourage the anticompetitive behaviors we describe in their incipiency, without requiring case-by-case review.

Reference Conundrum: The Broad Definition of Peer-Review

2018 ◽  
Author(s):  
Cody Fullerton
Keyword(s):  
Peer Review ◽  
Gold Standard ◽  
Review Process ◽  
Peer Review Process ◽  
Academic Publishing ◽  
Inaccurate Information ◽  
The Core ◽  
Literature Reviews ◽  
Reference Interactions ◽  
Definition Of

For years, the gold-standard in academic publishing has been the peer-review process, and for the most part, peer-review remains a safeguard to authors publishing intentionally biased, misleading, and inaccurate information. Its purpose is to hold researchers accountable to the publishing standards of that field, including proper methodology, accurate literature reviews, etc. This presentation will establish the core tenants of peer-review, discuss if certain types of publications should be able to qualify as such, offer possible solutions, and discuss how this affects a librarian's reference interactions.

Sherman Act 1890: Modernization and Impact on Markets

2021 ◽  
Vol 9 (3) ◽  
pp. 104-108
Author(s):  
Alex Han
Keyword(s):  
Chicago School ◽  
Perfect Competition ◽  
Barriers To Entry ◽  
Free Entry ◽  
Major Purpose ◽  
Free Competition ◽  
Sherman Act ◽  
Antitrust Laws ◽  
American Economy ◽  
Harvard School

The major purpose of the Sherman Act was to prevent mergers from forming monopolies. It ensures consumers are protected from price discrimination, and there is free competition. Several economists, classical economists, neoclassical economists, Chicago school and Harvard school, pointed out several antitrust laws. Classical economists led by Smith argued that monopolists set prices at higher prices and raise their charges higher through understocking the markets hence corporations and mergers should be prevented. Neoclassical economists developed a model which assumes that there are no barriers to entry whereby there is free entry to the market. Harvard school also advocated for free competition. Either, the Chicago school was against the idea of free competition and proposed some acts from the antitrust laws to be removed.  However, with advancements in technology, the Sherman Act has become outdated and some languages used are held, making it a challenge to interpret in courts. There is a need for the antitrust laws to be reformed to fit the changing technology. Bills should be proposed to make improvements to the acts. For example, Klobuchar Amy, in April 2021, proposed a bill seeking to reform antitrust laws to better perfect competition in the American economy.

Consumer Welfare Theory as an Ethical Consideration:: An Essay on Hipsters, Invisible Feet, and the “Science” of Economics

2018 ◽  
Vol 63 (4) ◽  
pp. 509-528
Author(s):  
Darren Bush
Keyword(s):  
Consumer Welfare ◽  
Antitrust Policy ◽  
Antitrust Enforcement ◽  
Ethical Considerations ◽  
Legislative History ◽  
Ethical Argument ◽  
Sherman Act ◽  
Policy Goals ◽  
Narrow View ◽  
Definition Of

This article outlines the principle of efficiency as taken from physics and misapplied into the realm of economics. The result of the misapplication has been a narrow view of antitrust policy, culminating in an extremely conservative application of the consumer welfare standard. The result of such policy has been increasing concentration in many industries, abdication of any examination of monopoly power in the context of Section 2 of the Sherman Act, and dogmatic defense of “consumer welfare” as the only scientific approach to antitrust law. Part II reviews of the original goals of antitrust, as viewed without the lens of present-day economic efficiency. These are policy goals as described in legislative history and judicial development of common law. As such, they are ethical considerations distinct from consumer welfare. In part III, the article discusses the central tenets of economics in antitrust policy. These central notions are policy considerations that are misapplications of physics. Part IV discusses the physics definition of efficiency, with some insights as to the issues arising from adopting such a standard in terms of antitrust markets. Part V addresses the failures of antitrust using the lens of physics, explaining that consumer welfare is an ethical argument, not a scientific one. Part VI addresses other potential ethical standards for antitrust enforcement, as well as empirical evidence that support such norms. Part VII offers concluding thoughts where the article argues that there are superior ethical norms that would boost antitrust enforcement and that are consistent with the goals of antitrust.

Creation of a palliative care advanced practice registered nurse peer-review process

2019 ◽  
Vol 25 (12) ◽  
pp. 596-602
Author(s):  
Patrice R. Fedel ◽  
Nicole E. Hembel ◽  
Lindsey M. Mueller
Keyword(s):  
Decision Making ◽  
Palliative Care ◽  
Peer Review ◽  
Professional Growth ◽  
Review Process ◽  
Clinical Decision Making ◽  
Peer Review Process ◽  
Clinical Decision ◽  
Advanced Practice ◽  
Case Review

The mark of a true profession is the ability to self-regulate. As such, advanced practice registered nurses (APRNs) are challenged by their professional organisations to participate in self-evaluation and peer review. Peer review is a method for evaluating the care provided by the APRN to both ensure quality nursing care and promote professional growth. Despite guidelines to participate in a formal peer-review process, there is little information within the nursing profession on how to accomplish peer review. A comprehensive literature review failed to provide a framework for peer review that is practice focused, fosters a learning environment and encompasses the thought process and clinical decision-making of the palliative care advanced practice nurse. A group of palliative care APRNs set out to create a process that encompassed the breadth of clinical decision-making in palliative care advanced nursing practice. Using the eight domains of palliative care, a narrative case review structure was created. The resulting process both assisted the APRNs in professional growth and provided timely feedback for the annual performance evaluation.

Development of a Standardize Case Review Process Across a Health System

2020 ◽  
Vol 48 (8) ◽  
pp. S43
Author(s):  
Linda K. Sullivan ◽  
George Paci ◽  
Cindy Smith ◽  
Michael Aniskiewicz ◽  
Robin Heard-Albert ◽  
...  
Keyword(s):  
Health System ◽  
Review Process ◽  
Case Review

Mr. Justice White and the Rule of Reason

1951 ◽  
Vol 13 (2) ◽  
pp. 229-243 ◽  
Author(s):  
Robert B. Dishman
Keyword(s):  
The United States ◽  
Department Of Justice ◽  
Basic Assumptions ◽  
Rule Of Reason ◽  
Sherman Act ◽  
The Supreme Court ◽  
Antitrust Laws ◽  
The Common ◽  
Obiter Dictum ◽  
Restraint Of Trade

The “rule of reason” remains after almost forty years the most curious obiter dictum ever indulged in by the Supreme Court of the United States. Mistaken though it was in its basic assumptions, the rule nevertheless persists as the Court's standard for construing the Sherman Act. This is not to say, as some critics have said, that the rule has seriously hampered the Department of Justice in enforcing the antitrust laws. We have it on the authority of Thurman Arnold that without the rule die Sherman Act would be “unworkable … because every combination between two men in business is in some measure a restraint of trade.” The rule, he has said, “has the effect of preventing the antitrust laws from destroying the efficiency of diose combinations that are actually serving, instead of exploiting, the consumer.” The fact remains, however, that in adopting the rule the Court erred in at least two respects: first, in applying a test of reasonableness where in the early cases at least none was called for and, second, in basing that rule on a misunderstanding of the common law. For the first of its sins the Court has been scolded many times; for the second, it has received surprisingly litde criticism.

scholarly journals 579: Effect of a case review process for induction of labor on timing and mode of delivery

2016 ◽  
Vol 214 (1) ◽  
pp. S311
Author(s):  
Mary C. Tolcher ◽  
Alexis N. Hokenstad ◽  
Amy L. Weaver ◽  
Michaela E. McGree ◽  
Janet E. Olson ◽  
...  
Keyword(s):  
Review Process ◽  
Mode Of Delivery ◽  
Induction Of Labor ◽  
Case Review

scholarly journals Idiomatics of the Russian Avant-Garde from the Perspective of Lexicography

2021 ◽  
pp. 80-91
Author(s):  
Irina Zykova
Keyword(s):  
Art History ◽  
Special Focus ◽  
Scientific Concepts ◽  
Distinctive Features ◽  
Avant Garde ◽  
Interdisciplinary Field ◽  
Unique Nature ◽  
Artistic Works ◽  
Definition Of ◽  
Verbal Idioms

The article describes the practices of lexicographical analysis of idiomatic units related to the Russian avant-garde and experience in developing principles to present such units in the deve­loped dictionary – “Idiomatics of the Russian Avant-garde: Cubo-Futurism”. The author demonstrates the relevance of lexicographical studies of literary and artistic works of representatives of the avant-garde movement. The definition of the Russian avant-garde idiomatics is formula­ted on the basis of its distinctive features identified. The article outlines that the unique nature of avant-garde idiomatics, involving the integration of verbal and non-verbal idioms, supposes creating a specific methodology for its vocabulary definition. Special focus is made on the elaborated approach to compile the glossary of the developed Dictionary, to create its macro- and microstructure. As a result of studies, new scientific concepts have been formulated and the need to integrate new zones into the structure of dictionary entries has been demonstrated. The author makes a conclusion on the proposed use of the developed Dictionary and notes the possibility to develop a new interdisciplinary field – “Avant-Garde Idiomatics”, based on the interrelation of Philology and Art History.

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