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The Robinson-Patman Act And Antitrust Policy: A Time For Reappraisal, Philip Elman
The Robinson-Patman Act And Antitrust Policy: A Time For Reappraisal, Philip Elman
Washington Law Review
What has been learned from thirty years' enforcement of the Robinson-Patman Act? To answer that question Federal Trade Commissioner Elman calls for an objective and thorough study and reappraisal of the act in relation to basic antitrust goals and policy. The fundamental question is how a price discrimination law can operate to help attain the broader antitrust goals of achieving economic growth and progress while preserving and enlarging economic opportunity. Commissioner Elman points out the major problem areas which should be the subject of such a study, among them standards of competitive injury, cost justification, and the meeting competition defense. …
Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon
Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon
Washington Law Review
The Federal Trade Commission issued a cease and desist order under section two of the Clayton Act against petitioner, a manufacturer and distributer of plumbing supplies and equipment having 5.75 per cent of the national market. The gravamen of the FTC prosecution was price discrimination in the allowing by petitioner of a ten per cent price discount on "truck load" orders of its products. Petitioner requested the FTC to stay the cease and desist order until the FTC had investigated and instituted enforcement proceedings against the entire plumbing fixture industry. Petitioner alleged that enforcement of the order would put it …
Withholding Of Appraisment Under The United States Anti-Dumping Act: Protectionism Or Unfair-Competition Law?, Roy L. Prosterman
Withholding Of Appraisment Under The United States Anti-Dumping Act: Protectionism Or Unfair-Competition Law?, Roy L. Prosterman
Washington Law Review
The Anti-dumping Act of 1921 is, in the view of Professor Prosternman, in very real danger of being diverted from an antitrust law into a protectionist or tariff-like measure as a result of an unfortunate comnbination of administrative techniques built into the act and current practical pressures. The author discusses the cause of this diversion and offers some suggestions for reform which will prevent the antidumping law from growing into a protectionist device which is inimical to the current trends toward free trade.
Private Action For Treble Damages Under Clayton Act Section 7, Anon
Private Action For Treble Damages Under Clayton Act Section 7, Anon
Washington Law Review
Plaintiffs, corporate distributors, sought treble damages under section 4 of the Clayton Act, alleging that defendant's acquisition of a manufacturer for which plaintiffs were distributors violated section 7 of the Clayton Act and that plaintiffs were damaged by defendant's termination of plaintiffs' distributorship contracts pursuant to the acquisition. Defendant moved to dismiss, contending that there could be no action for damages under section 4 based upon a section 7 violation, as a section 4 recovery is predicated upon an existing illegal monopoly, which is not prohibited by section 73. The United States District Court for the Southern District of New …