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Antitrust and Trade Regulation

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University of Michigan Law School

Michigan Law Review

1971

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Contracts, Conditions, And The Clayton Act: Causes Of Action Available To A Dealer Injured By An Exclusive-Dealing Arrangement, Michigan Law Review May 1971

Contracts, Conditions, And The Clayton Act: Causes Of Action Available To A Dealer Injured By An Exclusive-Dealing Arrangement, Michigan Law Review

Michigan Law Review

It is the purpose of this Comment to re-examine two of the three requirements of section 3 of the Clayton Act-with particular emphasis on the sale-or-contract-for-sale requirement-in an attempt to determine whether the formidable obstacle that judicial interpretation has made of these requirements is consistent with either the letter or spirit of the section. In discussing these requirements, this Comment will only consider the rights of parties who have at one time made purchases from a seller who utilizes exclusive-selling arrangements.