Law Commons^™

Jefferson County Pharmaceutical Association. V. Abbott Laboratories, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

All Faculty Scholarship

Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.

The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.

To …

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …

Oligopoly, Shared Monopoly, And Antitrust Law, George A. Hay

Cornell Law Faculty Publications

No abstract provided.

Government Supports United States Exporters, Jon H. Sylvester, Anthony F. Essaye

Publications

The latest addition to the US law of international trade, the Export Trading Company Act of 1982 (the Act), was passed by Congress with a claim that it will put US exporters on more competitive footing with their foreign counterparts.

The Foreign Trade Antitrust Improvements Act Of 1981, George E. Garvey

Scholarly Articles

This article will explore the effects of the antitrust laws on international trade and the probable reasons for any adverse impact. It will then consider the primary alternative legislative proposal intended to remedy the perceived antitrust barrier to trade, the Export Trade Association Act of 1981. Finally, the article examines the responsiveness of the Antitrust Improvements Act to the problems and the potential hazards of an altered antitrust policy.

Resale Price Maintenance And The Ftc: The Magnavox Investigation, Victor P. Goldberg

Faculty Scholarship

Franchise agreements between a manufacturer and a distributor or retail dealer of the manufacturer's products often impose conditions on the dealer regarding items such as price, dealer location, service, and advertising. These vertical restrictions, whether price or nonprice, may violate the Sherman Act, which prohibits every contract, combination, or conspiracy in restraint of trade. Whereas vertical price restrictions historically have been held per se invalid, nonprice vertical restrictions have been permitted, subject to a rule of reason. In United States v. Arnold, Schwinn & Co., however, the Supreme Court articulated a per se rule of illegality for nonprice vertical restrictions, …

Price Discrimination Law And Economic Efficiency, Edward H. Cooper

Articles

The Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13), undertakes to outlaw price "discrimination" upon proof of threatened injury to competition, and subject to specified defenses. Lawyers often bewail the fact that administration of this statute frequently fails to conform to an economist's notion of discrimination. For the most part, the complaints are addressed to the clear fact that, as drafted and interpreted, the statute wreaks unnecessary damage. In the name of protecting competition, competition and economic efficiency are often curtailed.

Comment, “Foreign Antitrust Violations And The Act Of State Doctrine”, Michael Roffer

Articles & Chapters

No abstract provided.

The Economics Of Predatory Pricing, George A. Hay

Cornell Law Faculty Publications

The revival of interest among economists in predatory pricing, spawned by Areeda and Turner's 1975 article, and the tidal wave of literature which has followed, creates a serious problem for the lawyer interested in keeping up with what economists are saying on the subject. Articles appearing in the standard economics journals are often inaccessible, due to the advanced level of mathematics normally employed, and seem of little apparent relevance, due to the detailed but often artificially sounding assumptions used to generate conclusions. The materials appearing in law reviews, while perhaps less technical, is voluminous and not always original, Worst of …

Labor Unions In The Boardroom: An Antitrust Dilemma, Davison M. Douglas

Faculty Publications

No abstract provided.