Add to ORKGRegulatory agencies are increasingly adopting ex ante rules to set market access terms and conditions for network industries. At the same time, in industries such as telecommunications and electric power transmission and distribution, antitrust laws play an important role in defining the terms and conditions of market access. Courts may have an important ex post enforcement role to play in the enforcement of the antitrust laws. In this Essay, I address the filed rate doctrine - a legal principle that determines when courts, rather than regulatory agencies, may serve as a standard-setter for or arbiter of market terms, independent of their widely-accepted role as the reviewer of decisions by an agency, such as the Federal Communications Comm...
In its Keogh decision the Supreme Court held that although the Interstate Commerce Act did not exemp...
This Article takes a preliminary look at how deregulation has fared in the courts and at the signifi...
Courts struggle with the tension between national competition laws, on the one hand, and state and l...
article published in law reviewRegulatory agencies are increasingly adopting ex ante rules to set ma...
The filed rate doctrine is a venerable doctrine of public utility regulation. Federal courts applyin...
This Article argues that public law has fallen into what I call a deference trap in addressing confl...
The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has st...
In Verizon v. Trinko, the Supreme Court set forth a new stance toward antitrust oversight of regulat...
In this Article, Michael Legg examines the Supreme Court decision in Verizon Communications, Inc. v....
State and federal initiatives have opened the American electric power industry to competition over t...
On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then ...
Professors Baumol and Merrill reply to Deregulatory Takings and Breach of the Regulatory Contract, p...
The state action antitrust exemption, also known as the state action immunity doctrine, is used by a...
In 1982, the United States District Court for the District of Columbia rendered its decision in Unit...
Courts struggle with the tension between national competition laws, on the one hand, and state and l...
In its Keogh decision the Supreme Court held that although the Interstate Commerce Act did not exemp...
This Article takes a preliminary look at how deregulation has fared in the courts and at the signifi...
Courts struggle with the tension between national competition laws, on the one hand, and state and l...
article published in law reviewRegulatory agencies are increasingly adopting ex ante rules to set ma...
The filed rate doctrine is a venerable doctrine of public utility regulation. Federal courts applyin...
This Article argues that public law has fallen into what I call a deference trap in addressing confl...
The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has st...
In Verizon v. Trinko, the Supreme Court set forth a new stance toward antitrust oversight of regulat...
In this Article, Michael Legg examines the Supreme Court decision in Verizon Communications, Inc. v....
State and federal initiatives have opened the American electric power industry to competition over t...
On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then ...
Professors Baumol and Merrill reply to Deregulatory Takings and Breach of the Regulatory Contract, p...
The state action antitrust exemption, also known as the state action immunity doctrine, is used by a...
In 1982, the United States District Court for the District of Columbia rendered its decision in Unit...
Courts struggle with the tension between national competition laws, on the one hand, and state and l...
In its Keogh decision the Supreme Court held that although the Interstate Commerce Act did not exemp...
This Article takes a preliminary look at how deregulation has fared in the courts and at the signifi...
Courts struggle with the tension between national competition laws, on the one hand, and state and l...