A theoretical approach to market definition analysis

This work performs a theoretical approach to market definition analysis. The conditions a test must satisfy are selected in order to define the relevant market according to the jurisdictions of the United States and the European Union as most tests proposed by economists tend not to satisfy all the required conditions. I use two models of horizontal product differentiation to illustrate the nature of the tests that can be used under each jurisdiction. The main conclusion of the paper is that the empirical tests for market definition which are valid in the current legislations in the United States and the European Union must be performed using a different approach which may yield different relevant markets.     

U.S. Industries v. Director: "claim" versus "condition" in the analysis of workers' compensation cases

Under most workers' compensation statutes, an injury must "arise out of " and "in the course of" employment in order to qualify as a compensable disability. In U.S. Industries v. Director, the Supreme Court held that the Longshoremen's and Harbor Workers' Compensation Act must be strictly construed to avoid transforming the compensation system into a form of social insurance. In U.S. Industries, the Court denied a disability claim based on an arthritic condition which was manifested while the worker was at home in bed. This Note contends that the Supreme Court neglected to consider pertinent medical realities when analyzing the causation question. Thus, the decision undermines the overall rationale behind workers' compensation legislation. Nonetheless, the Note argues that the case does not relax the requirement of adequately scrutinizing the causative elements underlying any reasonable claim for disability benefits. An analysis adequately accommodating both medical and legal facts, instead of relying upon the vagaries of statutory interpretation, is necessary to improve the efficiency and fairness of workers' compensation disability determinations.