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Articles 1 - 8 of 8
Full-Text Articles in Law
Antitrust Laws- Judicial Relief For Violations Of Section Seven Of The Clayton Act - Disenfranchisement In United States V. E. I. Du Pont De Nemours & Co., Barbara B. Burt S. Ed.
Antitrust Laws- Judicial Relief For Violations Of Section Seven Of The Clayton Act - Disenfranchisement In United States V. E. I. Du Pont De Nemours & Co., Barbara B. Burt S. Ed.
Michigan Law Review
This comment will approach section 7 relief questions and solutions primarily in the light of du Pont's unique facts, which included a vertical stock acquisition made thirty years before the judicial proceeding plus the complicating factors of vast financial interests, numerous innocent investors and several corporate interrelationships. Thereby were posed complex problems regarding (1) parties to the relief determination, (2) interests to be affected by the decree and (3) the manner of affecting those interests.
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
Michigan Law Review
The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …
Protecting The Public Interest In Labor Disputes, Frank E. Cooper
Protecting The Public Interest In Labor Disputes, Frank E. Cooper
Michigan Law Review
There exists general agreement that an effective means must be found, in the public interest, to curb strikes in basic industries that imperil the national health or safety. This principle, indeed, has been a part of our basic law for more than a decade. The trouble has been that the limited means provided to meet this need fail to give effective expression to the public interest. The only significant remedy is that which the steel strike has made so well known: an 80-day injunction followed by an election in which the employees may indicate for publicity purposes whether they wish …
Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.
Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.
Michigan Law Review
The purpose of this comment is to discuss two controversial aspects of the sales-below-cost statutes: (1) the intent or effect required for a :finding of violation and (2) the defense of meeting competition.
Antitrust Law - Suggested Resale Price Policy - Limitations Of Use Of The Colgate Doctrine, Stanley Zax
Antitrust Law - Suggested Resale Price Policy - Limitations Of Use Of The Colgate Doctrine, Stanley Zax
Michigan Law Review
The United States Government brought a civil action charging that Parke, Davis & Co., a large pharmaceutical manufacturer, violated sections 1 and 3 of the Sherman Act by combining and conspiring with wholesalers and/or retailers to maintain the resale price of its products. Parke Davis, in marketing its products through both wholesale and retail channels of distribution, announced in its catalogues a suggested policy of resale prices at the wholesale and retail levels. In an effort to promote adherence to this policy, Parke Davis representatives visited wholesalers and retailers separately in non-fair trade areas. The wholesalers were informed that Parke …
Unfair Competition-Motor Carrier Act - Private Remedy For Operation In Excess Of Certificate Of Necessity And Convenience, Daniel E. Lewis Jr.
Unfair Competition-Motor Carrier Act - Private Remedy For Operation In Excess Of Certificate Of Necessity And Convenience, Daniel E. Lewis Jr.
Michigan Law Review
In response to plaintiff trucking company's complaint under section 15 of the Clayton Act alleging violation of sections I and 2 of the Sherman Act, defendant railroads entered a counterclaim for damages resulting from interference with the railroad's franchise rights by the plaintiff's operations in excess of its Interstate Commerce Commission certificate of convenience and necessity. On plaintiff's motion for judgment on the pleadings to dismiss the counterclaim for failure to state a claim upon which relief could be granted, held, motion granted. Congress did not contemplate that the common law action of a franchise holder would lie when …
Bid Depositories, George H. Schueller
Bid Depositories, George H. Schueller
Michigan Law Review
The decision by the United States District Court for the Southern District of California in the civil antitrust case of United States v. Bakersfield Associated Plumbing Contractors, Inc. brought in its wake considerable renewed interest, discussion, and activities concerning "bid depositories." This is apparent from the trade press and from inquiries reaching the Antitrust Division, including a number of requests for clearance of bid depository plans through so-called "railroad release" procedures. Even more recently, institution of the civil and criminal antitrust cases of United States v. Arizona Masonry and Plastering Contractors' Association provided further stimulation. The term "renewed" interest and …
Taggart: Cost Justification, Harry L. Shniderman
Taggart: Cost Justification, Harry L. Shniderman
Michigan Law Review
A Review of Cost Justification. By Herbert F. Taggart