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Judicial Analysis Of Predation: The Emerging Trends, James D. Hurwitz, William E. Kovacic
Judicial Analysis Of Predation: The Emerging Trends, James D. Hurwitz, William E. Kovacic
Vanderbilt Law Review
This Article examines the recent judicial experience in this endeavor. The purposes of the Article are twofold.The first is to describe the current state of the law regarding predation and to discern significant trends that may be developing. The second purpose is to explore the considerations that courts must weigh in evaluating the legal utility of proposed rules that may be valid as a matter of economic theory. Toward these ends,part II of the Article examines the economic and legal context in which litigants present predation claims. Specifically, this part re-views some of the academic debates that have so greatly …