Law Commons^™

Antitrust Policy And Taxation., Gary Pinnell

St. Mary's Law Journal

Abstract Forthcoming.

Recent Cases, Michael D. Kelly, Robert D. Tuke

Vanderbilt Law Review

Antitrust Law--Clayton Act--Statistics of Market Concentration and Increased Market Share are Insufficient to Show Violation of Section 7 When Other Factors Mandate a Conclusion that Competition will not be Substantially Lessened by the Contested Acquisition --

Preservation of a large number of marginal competitors does not necessarily result in the optimum level of competition, and size per se is not illegal' and should not be equated with anticompetitive effect. Seemingly, the competitive objectives of antimerger law have been infused with a theory characterized by socio-political feelings of hostility towards large, integrated corporations contrasted with friendliness toward small, independent business units …

Goldfarb V. Virginia State Bar, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gordon V. New York Stock Exchange, Inc. (Nyse), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. National Association Of Securities Dealers, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Goldstein V. California And The Protection Of Sound Recordings: Arming The States For Battle With The Pirates

Washington and Lee Law Review

No abstract provided.

Exceptions To Schwinn's Per Se Rule: Their Validity And Implications For The Future

Washington and Lee Law Review

No abstract provided.

The Role Of Consumer Preference In The "Like Grade And Quality" Concept Of The Robinson-Patman Amendment, Dale A. Ehman

Buffalo Law Review

No abstract provided.

An Empirical Survey Of Price Fixing Conspiracies, George A. Hay, Daniel Kelley

Cornell Law Faculty Publications

This paper reports on a study of recent Antitrust Division horizontal price fixing cases. The objective of the study was to determine if there has been a specific set of characteristics associated with the product or product markets that have been the subjects of price fixing. If such a pattern exists, it might provide empirical insight into some aspects of oligopoly behavior. From a policy point of view, any pattern that is found could be used in a positive enforcement program designed to investigate the "most likely" areas of price fixing. Section I reviews the academic literature which has dealt …

Recent Cases, Journal Staff

Vanderbilt Law Review

Antitrust Law--Robinson-Patman Act--To Satisfy the "In Commerce" Requirement of Section 2(a) at Least One of the Allegedly Discriminatory Sales in a Secondary-Line Case Must Cross a State Line

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Constitutional Law--Equal Protection--Exclusion of Pregnancy-Related Disabilities from State Salary Compensation Insurance Program Denies Equal Protection to Pregnant Employees

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Criminal Procedure--Grand Juries--Exclusionary Rule in Search and Seizure Cases Does Not Apply to Grand Jury Proceedings

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Securities Regulation-Rule 10b-5--Plaintiffs Who Are Neither Purchasers nor Sellers of Securities May Recover Under Rule 10b-5 if Injured in Their Capacity as Investors as a Direct Consequence of Fraud in Connection with a Securities Transaction …

Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Annual Survey Of Antitrust Developments- The Year Of The Regulated Industry, John H. Shenefield

Washington and Lee Law Review

No abstract provided.

United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review

Michigan Law Review

This Note will examine and criticize the perceived potential competition doctrine suggested by the Court. Then, it will discuss the questions raised in the concurrences concerning the use of subjective evidence and the role of incipient competitive effects. Finally, an alternative approach that focuses on the acquisition of or the possibility of acquiring small, "toehold" firms will be proposed.

Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin

University of Michigan Journal of Law Reform

This article neither deals with the propriety of the Federal Trade Commission's (FTC) proposed order nor evaluates the effectiveness of compulsory trademark licensing as a remedy for unfair trade practices.8 Rather, the pending cereal industry case is used as a point of departure for an examination of the problem of trademark abuse and the responses of the courts, the Congress, and the FTC to it. Acknowledging the legality of compulsory licensing of trademarks, the article suggests legislation which will incorporate licensing and standards for its application. Such legislation would make licensing an accessible remedy for trademark abuse while accommodating both …

The Trade Act Of 1974: Section 337 Of The Tariff Act And The Public Interest, John F. Mcdermid

Vanderbilt Journal of Transnational Law

The Trade Act of 1974 amended section 337 of the Tariff Act of 1930, and thereby substantially modified the procedures for the conduct of United States International Trade Commission investigations concerning unfair practices in import trade. The Trade Act changed the role of the ITC from that of a relatively passive adviser on potential courses of action to the President to that of final judge, subject to Presidential override and judicial review, of whether a violation of the Act has occurred. Additionally, the Trade Act provides that in the event that the violation is found, the ITC may now issue …

The Evolving Duty Of An Innocent Buyer To Inquire Into His Bargain Under Section 2(F) Of The Robinson-Patman Act, Bradley Louis Williams

Indiana Law Journal

No abstract provided.

Antitrust - The Ninth Circuit Grants A Section 16 Clayton Act Plaintiff Standing To Sue Even Though As A Section 4 Plaintiff He Is Not On The Firing Line, Frank Gramm

Loyola University Chicago Law Journal

No abstract provided.

Unfairness Without Deception: Recent Positions Of The Federal Trade Commission, Larry Saret

Loyola University Chicago Law Journal

No abstract provided.

Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot

Vanderbilt Journal of Transnational Law

Recent Decisions

ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS

Alan L. Marchisotto

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ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES

W. H. Schwarzschild III

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ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)

Mark M. Greisberger

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ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE

Richard P. Granfield

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CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …

International Oil--Shortage, Cartel Or Emerging Resource Monopoly?, James T. Jensen

Vanderbilt Journal of Transnational Law

In the early days of industrialization in the United States, giant combines with great market power developed in a number of industries, such as oil, steel and railroads. Out of that era arose a body of domestic law and regulation that sought to define the limits within which those organizations could function in the economic life of the country. The Sherman and Clayton Acts formed the basis for antitrust law. Regulatory agencies such as the Federal Power Commission, the Interstate Commerce Commission and the Federal Trade Commission were formed to regulate the excesses of the private sector. We may now …

Applying The Sherman Act To Restrictive Practices Of The Legal Profession

Maryland Law Review

No abstract provided.

Overpayments In Supplier Promotional Programs: The Ftc Solution, Eliot G. Disner

Villanova Law Review

No abstract provided.

Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper

Articles

The efforts of activist antitrust lawyers to redefine the contours of attempted monopolization under section 2 of the Sherman Act1 have again forced the courts to wrestle with the classic antitrust dilemma: How far must single-firm competitive behavior be restrained to make competition free? The answer given by the majority of current decisions is that, absent some other established offense, single-firm behavior should be prohibited as an attempt to monopolize only when there is a specific intent to monopolize and the firm has come dangerously near to unlawful monopolization. A contemporary challenge to this orthodox answer is rapidly gaining force. …

Control Of Concentrations In The European Economic Community: Evolving Restrictions On The Urge To Merge, Stephen F. Smith

Villanova Law Review

No abstract provided.

Antitrust Grand Jury Procedure, Carl Steinhouse

Cleveland State Law Review

The typical grand jury antitrust investigation is a laborious process which takes from a minimum of six months to as much as several years to complete. Accordingly, it is an expensive and time consuming process not only to the grand jurors and the government, but also to corporations and other persons under investigation, and the courts. For this reason, antitrust grand jury investigations are not lightly undertaken, and they require specific authorization by the Assistant Attorney General. The process from the inception of the investigation through the return of an indictment is somewhat involved and, in many aspects, unique to …

Patents And Antitrust Law, Merrill N. Johnson

Michigan Law Review

A Review of Patents and Antitrust Law by Ward S. Bowman, Jr.

Enforcement Under The Illinois Antitrust Act, John T. Soma

Loyola University Chicago Law Journal

No abstract provided.