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Full-Text Articles in Law
The Incredible Shrinking Antitrust Law And The Antitrust Gap, C. Paul Rogers Iii.
The Incredible Shrinking Antitrust Law And The Antitrust Gap, C. Paul Rogers Iii.
Faculty Journal Articles and Book Chapters
Substantive antitrust law has dramatically shrunk. The shrinkage, which began in the 1970s with the transition from the Warren Court to the Burger and then Rehnquist Courts, has accelerated in the last decade. Much of the shrinkage has to do with the expansion of the rule of reason and its displacement of per se rules. The Supreme Court has gone so far as to state that it "presumptively" applies the rule of reason while per se illegality is limited to a "narrow category of activity." This article considers the impact of modem antitrust law on the gap that is the …
A Concise History Of Corporate Mergers And The Antitrust Laws In The United States, C. Paul Rogers Iii
A Concise History Of Corporate Mergers And The Antitrust Laws In The United States, C. Paul Rogers Iii
Faculty Journal Articles and Book Chapters
American merger control law today is governed primarily by regulators and not courts, focusing on consumer welfare and efficiency. This was not always the case though, and the author traces the development of this area of law from its nascent beginnings with the Sherman Act to the era of private enforcement witnessed today. As the Indian economy continues to expand,mergers and acquisitions have become frequent bringing with them difficult questions of anti-competitive behaviour. A study of the American experience, it is argued, would provide valuable insight in enforcing the rather untested anti-merger provisions in the Competition Act of India.