scholarly journals Antitrust Enforcement and Big Tech: After the Remedy Is Ordered

10.51868/5 ◽  
2021 ◽  
pp. 64-83
Author(s):  
Jay Himes ◽  
Jason Nieh ◽  
Ron Schnell

Each of us—one an attorney and the other two software experts—has substantial experience monitoring the implementation of court-ordered remedies in two leading hi-tech cases: United States v. Microsoft Corp. and United States v. Bazaarvoice, Inc. We discuss challenges that attorney and expert monitors confront in overseeing company compliance with antitrust remedial decrees in cases against hi-tech companies. We first summarize the legal principles applicable to antitrust remedies. Thereafter, we discuss oversight in the Microsoft and Bazaarvoice cases. Finally, we offer takeaways on effective antitrust decree monitoring. Two takeaways are particularly noteworthy. First, expect the unexpected. During monitoring oversight, implementing the court decree’s relatively general relief provisions will likely uncover unanticipated issues that prove challenging to resolve and may often require hi-tech expertise to do so. Second—and relatedly—be skeptical of company resistance. Court-ordered relief is unlikely to align with company business interests; if it did, the company probably would have adopted the practice without being ordered to do so. Accordingly, company incentives probably will militate toward a cramped view of decree implementation. Monitors therefore should refrain from taking company protestations at face value and should be prepared to leverage hi-tech expertise to probe company systems, data, and personnel for verification or refutation of company positions. Finally, with artificial intelligence and computational law (including antitrust) continuing to develop, we call attention to opportunities to use computer-automated processes to inform compliance oversight.

2018 ◽  
Vol 04 (02) ◽  
pp. 241-258 ◽  
Author(s):  
You Wang ◽  
Dingding Chen

Both China and the United States are international leaders in artificial intelligence (AI). Although there remains a significant gap between them in cutting-edge technologies, and they have adopted different methods of planning and implementation, both countries have been mobilizing national resources and formulating policies to promote AI development, so as to achieve a strategic advantage over the other, especially against the backdrop of ever more intense and complicated strategic competition between them in recent years. As an epitome of their changing relationship, Sino-U.S. competition in AI development is manifested in economic, political, security, technological and other fields. It is expected that artificial intelligence will become an even more important field of competition between China and the United States, and that the trends of AI development and competition will to some extent determine the future dynamics of their bilateral relations.


2020 ◽  
pp. 127-146
Author(s):  
Amy Reed-Sandoval

This chapter completes the argument that “being socially undocumented” entails having a real, visible social identity by exploring possible aspects of a socially undocumented interpretive horizon. It argues that the socially undocumented interpretive horizon can be characterized in terms of resistance to a “double bind” in which socially undocumented people often find themselves. On the one hand, they often have no choice but to perform under-valued labor in the United States; failure to do so could very literally result in starvation and death. On the other hand, socially undocumented people with and without legal authorization to be in the United States are “read” as “illegals,” and subjected to demeaning, immigration-related constraints, on the very basis of performing and being associated with such labor. They are, then, faced with two highly constraining options. This chapter explores ways in which socially undocumented people take innovative action to respond to this double bind.


1915 ◽  
Vol 9 (1) ◽  
pp. 147-152
Author(s):  
James L. Slayden

How to regulate social, political and commercial intercourse between the people and Government of the United States and the peoples and governments of the other republics on the American continent so as to establish and maintain perfect cordiality and mutual confidence and respect, is a problem which has never been satisfactorily solved.In considering this question, which is often to the front and some times discussed with acerbity, certain disagreeable facts must be faced. In the process of understanding it American vanity will be hurt, but that is no reason for avoiding the effort to do so. There is abundant reason for believing that Americans are not popular in Mexico and other Latin-American countries. It is not the purpose of the writer in this brief essay to undertake to show why this is so. Suffice it to say that the people of the United States are viewed with suspicion, and this doubt of them and their purposes has militated against the development of American trade in the southern republics, and is a cause of irritation which ought to be cured. Diplomatic friendship has existed and does exist, but that is a relationship which can always be counted on until an open breach is imminent. Less than thirty days before the outbreak of the greatest war in all history there was an assumed—a diplomatic— cordiality between the monarchs of Russia, England, Germany and Austria. There is no danger of a cataclysm in America such as is deluging Europe with blood; but that unparalleled disaster shows that something more than formal friendships, something far more than diplomatic amenities, is desirable in the intercourse of nations.


2008 ◽  
Vol 21 (1) ◽  
pp. 235-253 ◽  
Author(s):  
AEYAL M. GROSS

The cover of Sex Rights: The Oxford Amnesty Lectures 2002 shows a picture of two men photographed from the back, with their hands holding each other's waists. They are walking towards a camera crew. Based on the way they are dressed, it seems that they have just been married. Both men are wearing white dress shirts and have similar hairstyles, with one wearing a black waistcoat over the white shirt and the other with black braces. This collection, based on the Oxford Amnesty Lectures series on gender and sexuality, thus apparently features on its cover the same-sex marriage of two men, ostensibly held in one of the few jurisdictions that have legalized such a union (perhaps the Netherlands, which was the first to do so, and was later followed by Belgium, Spain, Canada, Massachusetts (United States), and South Africa). And while we know that ‘love and marriage go together like a horse and carriage’, what has sex got to do with this? Would it not be more appropriate for a cover of a book entitled Sex Rights to feature two persons engaged in sex or having just engaged in sex rather than a marriage ceremony? Would it not be more appropriate to depict, on a cover of a book called Sex Rights, a picture of two men in a position that suggests they have just had sex, an act for which they could be persecuted and prosecuted in various jurisdictions?So why, then, does a book on Sex Rights feature same-sex marriage on its cover?


2014 ◽  
Vol 34 (2) ◽  
pp. 303-329 ◽  
Author(s):  
Daniel Béland ◽  
André Lecours

AbstractThis article addresses the absence of a federal equalisation programme in the United States, which is a significant aspect of “American exceptionalism”. Comparing the United States with Australia and Canada, we argue that three factors are relevant when accounting for this absence. On one hand, we turn to two societal factors to explain why there was never much political appetite for the creation of a stand-alone equalisation programme in the United States, namely the lack of a direct threat to the territorial integrity of the United States after 1865 and the comparative weakness of the idea of social citizenship in that country. On the other hand, our analysis shows that key institutional features of American political institutions, particularly strong bicameralism combined with the absence of formal party discipline, help illuminate why it would have been difficult to create an equalisation programme even if there had been some societal pressures to do so.


2020 ◽  
Vol 65 (2) ◽  
pp. 282-296
Author(s):  
Rod Sims ◽  
Graeme Woodbridge

The Australian Competition and Consumer Commission’s (ACCC) objective in enforcing Australia’s competition laws is to make markets work in the interests of Australians by protecting and promoting competition. From the ACCC’s perspective, it is poor public policy to introduce other objectives, such as reducing income inequality or political influence, into the enforcement of competition laws. If the enforcement of competition laws tries to achieve everything, in the end, it will achieve nothing. Moreover, there are other, more targeted instruments that are much better placed to achieve these other objectives. The ACCC is of the view that business conduct is likely to be anticompetitive if it interferes with the process of competition and harms trading parties on the other side of the market, or is likely to do so. The ACCC places great significance on these two issues to develop, test, and establish theories of harm to competition. While this is the case, the ACCC is of the view that it is not necessary to precisely quantify the degree of harm to establish that conduct is anticompetitive. Imposing such a requirement risks under enforcement of competition laws.


2016 ◽  
Vol 1 (16) ◽  
pp. 15-27 ◽  
Author(s):  
Henriette W. Langdon ◽  
Terry Irvine Saenz

The number of English Language Learners (ELL) is increasing in all regions of the United States. Although the majority (71%) speak Spanish as their first language, the other 29% may speak one of as many as 100 or more different languages. In spite of an increasing number of speech-language pathologists (SLPs) who can provide bilingual services, the likelihood of a match between a given student's primary language and an SLP's is rather minimal. The second best option is to work with a trained language interpreter in the student's language. However, very frequently, this interpreter may be bilingual but not trained to do the job.


Author(s):  
Jennifer J. Smith

Coherence of place often exists alongside irregularities in time in cycles, and chapter three turns to cycles linked by temporal markers. Ray Bradbury’s The Martian Chronicles (1950) follows a linear chronology and describes the exploration, conquest, and repopulation of Mars by humans. Conversely, Louise Erdrich’s Love Medicine (1984) jumps back and forth across time to narrate the lives of interconnected families in the western United States. Bradbury’s cycle invokes a confluence of historical forces—time as value-laden, work as a calling, and travel as necessitating standardized time—and contextualizes them in relation to anxieties about the space race. Erdrich’s cycle invokes broader, oppositional conceptions of time—as recursive and arbitrary and as causal and meaningful—to depict time as implicated in an entire system of measurement that made possible the destruction and exploitation of the Chippewa people. Both volumes understand the United States to be preoccupied with imperialist impulses. Even as they critique such projects, they also point to the tenacity with which individuals encounter these systems, and they do so by creating “interstitial temporalities,” which allow them to navigate time at the crossroads of language and culture.


2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Nguyen Duy Dung

Characteristics of the industrial revolution 4.0 is the wide application of high-tech achievements, especially information technology, digitalization, artificial intelligence, network connections for management to create sudden changes in socio-economic development of many countries. Therefore, to reach the high-tech time, many magazines in Vietnam have changed dramatically, striving to reach the international scientific journal system of ISI, Scopus. The publication of international standard scientific journal will meet the demand of publishing research results of local scientists, on the other hand contribute to strengthening exchange, cooperation, international integration in science and technology.


2019 ◽  
Vol 2 (4) ◽  
pp. 237
Author(s):  
Laith Mzahim Khudair Kazem

The armed violence of many radical Islamic movements is one of the most important means to achieve the goals and objectives of these movements. These movements have legitimized and legitimized these violent practices and constructed justification ideologies in order to justify their use for them both at home against governments or against the other Religiously, intellectually and even culturally, or abroad against countries that call them the term "unbelievers", especially the United States of America.


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