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Full-Text Articles in Business Law, Public Responsibility, and Ethics

Cartel Practices And Policies In The World War Ii Era, Caleb Yoken Jun 2019

Cartel Practices And Policies In The World War Ii Era, Caleb Yoken

Honors Theses

The goal of this thesis is to examine cartels in the World War II era: how and why they operated, why they existed, and any assistance they may or may not have received from their respective governments. This thesis, in particular, will focus on three countries, the United States, Germany, and Britain. Cartels are typically defined through the lens of monopolized business activity that can deal with anything from petroleum and steel to pharmaceuticals, and take actions to restrict output and raise prices to eliminate their competition. The research finds that cartels that operated in Europe during this era were …


Unilateral Refusals To Deal, Vertical Integration, And The Essential Facility Doctrine, Herbert J. Hovenkamp Jul 2008

Unilateral Refusals To Deal, Vertical Integration, And The Essential Facility Doctrine, Herbert J. Hovenkamp

All Faculty Scholarship

Where it applies, the essential facility doctrine requires a monopolist to share its "essential facility." Since the only qualifying exclusionary practice is the refusal to share the facility itself, the doctrine comes about as close as antitrust ever does to condemning "no fault" monopolization. There is no independent justification for an essential facility doctrine separate and apart from general Section 2 doctrine governing the vertically integrated monopolist's refusal to deal. In its Trinko decision the Supreme Court placed that doctrine about where it should be. The Court did not categorically reject all unilateral refusal to deal claims, but it placed …


Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur Jan 1988

Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur

Faculty Articles

This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …


Constitutional Law, Attempts To Monopolize A Method Of Doing Business, Daniel U. Livermore Jr. Mar 1960

Constitutional Law, Attempts To Monopolize A Method Of Doing Business, Daniel U. Livermore Jr.

William & Mary Law Review

No abstract provided.