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Articles 1 - 23 of 23
Full-Text Articles in Law
The Rise And (Coming) Fall Of Efficiency As The Ruler Of Antitrust, Robert H. Lande
The Rise And (Coming) Fall Of Efficiency As The Ruler Of Antitrust, Robert H. Lande
All Faculty Scholarship
The debate over the legitimate goals of antitrust is ceaseless and its practical resolution influenced by politics. The answer often given in the past, and particularly during the Warren Court era when a heavy emphasis was placed on social and political factors, contrasts sharply with the consensus view during the Reagan Administration that only economic efficiency counts. Since antitrust moves in cycles, a natural question arises—will antitrust continue to stand upon a foundation of efficiency, return to the old social and political perspective, or embrace some third view of its proper direction?
Judicial Activism, Economic Theory And The Role Of Summary Judgment In Sherman Act Conspiracy Cases: The Illogic Of Matsushita, James F. Ponsoldt, Marc J. Lewyn
Judicial Activism, Economic Theory And The Role Of Summary Judgment In Sherman Act Conspiracy Cases: The Illogic Of Matsushita, James F. Ponsoldt, Marc J. Lewyn
Scholarly Works
The proper role of neoclassical economic theory in the resolution of antitrust disputes will continue to be debated into the next administration. The Reagan Administration has succeeded in persuading the Supreme Court to incorporate laissez-faire assumptions and goals into Sherman and Clayton Antitrust Acts jurisprudence in at least three major decisions, although the long-range importance of the holdings in two of those cases remains somewhat in doubt.
One of those decisions, however, reflects more than just a disagreement about application is of the antitrust laws. In Matsushita, the Court, ordering summary judgment for defendants at the urging of the Justice …
Competition And-Or Efficiency: A Review Of West German Antimerger Law As A Model For The Proposed Treatment Of Efficiency Promotion Under Section 7 Of The Clayton Act, James F. Ponsoldt, Christian Westerhausen
Competition And-Or Efficiency: A Review Of West German Antimerger Law As A Model For The Proposed Treatment Of Efficiency Promotion Under Section 7 Of The Clayton Act, James F. Ponsoldt, Christian Westerhausen
Scholarly Works
The purpose of this Article is to demonstrate the need for legislative change in the Clayton Act. Such change should be based upon the merger control legislation enacted in the Federal Republic of Germany ("Germany"), which explicitly recognizes an appropriate role for the efficiency effects of mergers but, at the same time, often subordinates the role of efficiency to the quite separate goal of protecting competitive markets, when those goals conflict. This Article first will briefly summarize the existing state of United States antimerger law, insofar as Section 7 of the Clayton Act and its history incorporate efficiency considerations. The …
Introduction: A Retrospective Examination Of The Reagan Years, James F. Ponsoldt
Introduction: A Retrospective Examination Of The Reagan Years, James F. Ponsoldt
Scholarly Works
The Antitrust Bulletin and its readers are fortunate to receive the views of the distinguished contributors to this two-issue symposium, and to receive those views in 1988, potentially a watershed year in antitrust, rather than several years earlier. Some of the authors focus upon particular antitrust issues, whereas others have chosen to take a broader view of the Reagan Administration's efforts and impact on antitrust. The articles reflect some differences of opinion, of course. The symposium as a whole, however, is marked by the recognition that the most suitable antitrust policy must balance government intervention, on the one hand, with …
A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande
A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Panel Discussion On Self-Regulation, Robert H. Lande
Panel Discussion On Self-Regulation, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur
Faculty Articles
This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …
Antitrust And The Challenge Of Internationalization, David J. Gerber
Antitrust And The Challenge Of Internationalization, David J. Gerber
All Faculty Scholarship
No abstract provided.
Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker
Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Argentine, Horacio A. Grigera Naón
Argentine, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Developments In Merger Litigation: The Government Doesn't Always Win, Stephen Calkins
Developments In Merger Litigation: The Government Doesn't Always Win, Stephen Calkins
Law Faculty Research Publications
"The sole consistency that I can find is that under Section 7, the Government always wins." When this famous antitrust apothegm was pronounced in 1966 by Justice Stewart, dissenting in United States v. Von's Grocery, it had the ring of truth. It is less true today: of the (admittedly few) reported Justice Department merger cases decided since William Baxter assumed responsibility as Assistant Attorney General, the Government has lost all but one. The Federal Trade Commission's court record in merger cases has been substantially better. Even in private cases, usually involving challenges to mergers to which the federal antitrust …
Developments In Antitrust And The First Amendment: The Disaggregation Of Noerr, Stephen Calkins
Developments In Antitrust And The First Amendment: The Disaggregation Of Noerr, Stephen Calkins
Law Faculty Research Publications
A legal doctrine conceived in ambiguity seldom achieves clarity with the passage of time. Such had been the experience with the Noerr-Penningon doctrine, the principal focus of this article. In its first Noerr-Pennington decision in 16 years, Allied Tube & Conduit Corp. v. Indian Head, Inc., the Supreme Court created new uncertainties. However, it also offered hope for resolution of some of the inconsistencies that have plagued the doctrine. It did this by distinguishing sharply between harm caused directly by petitioning activity (for which petitioners may be liable), and harm caused by requested government action (for which petitioners may …
The Sherman Act And The Balance Of Power, David K. Millon
The Sherman Act And The Balance Of Power, David K. Millon
Scholarly Articles
None available.
Book Reviews: "Antitrust Law And Economics": Responding To An Ivory Tower Critique, Robert H. Lande
Book Reviews: "Antitrust Law And Economics": Responding To An Ivory Tower Critique, Robert H. Lande
All Faculty Scholarship
No abstract provided.
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Vertical Restraints Among Hospitals, Physicians And Health Insurers That Raise Rivals' Costs, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Antitrust Synthesis, Robert H. Lande
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary M. Shaw
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary M. Shaw
Scholarly Works
No abstract provided.
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker
The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Per Se Legality Of Vertical Restraints: Contested In America -- Not Debated In Germany: Search For Reasons And Comparison, Rainer F. Hildebrandt
Per Se Legality Of Vertical Restraints: Contested In America -- Not Debated In Germany: Search For Reasons And Comparison, Rainer F. Hildebrandt
LLM Theses and Essays
The approach towards vertical restraints depends heavily on the outcome of the "battle for the soul of antitrust". Therefore, to make the implications of the dispute more comprehensible, this study necessarily has to prefer to the basics of antitrust policy such as legislative history and political underpinnings. The second chapter addresses the underlying values of American and German antitrust laws and compares the concepts chosen to protect these values. Based on these foundations, chapter three evaluates resale price maintenance. In chapter four, the Supreme Court's judgment in Business Electronics Corp. v. Sharp Electronics Corp. is analyzed according to the GWB …
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
Articles & Chapters
No abstract provided.
The Direction Of Antitrust In The Decade Ahead: Some Predictions—Panel Discussion, Donald I. Baker, Thomas E. Kauper, William F. Baxter, Gordon B. Spivack, James T. Halverson, Robert Pitofsky, George A. Hay, Alan H. Silberman
The Direction Of Antitrust In The Decade Ahead: Some Predictions—Panel Discussion, Donald I. Baker, Thomas E. Kauper, William F. Baxter, Gordon B. Spivack, James T. Halverson, Robert Pitofsky, George A. Hay, Alan H. Silberman
Cornell Law Faculty Publications
Geographic Market Definition In An International Context, George A. Hay, John C. Hilke, Philip B. Nelson
Geographic Market Definition In An International Context, George A. Hay, John C. Hilke, Philip B. Nelson
Cornell Law Faculty Publications
Market definition is generally regarded as a key step in antitrust analysis. Market definition has two components. Product market definition seeks to include all products that are meaningful substitutes. Geographic market definition seeks to incorporate all relevant sources of the product in question. This paper is concerned with geographic market definition and, in particular, how geographic markets are defined in situations where competition may, at least to some extent, transcend national boundaries.
The subject of the paper may be of some current interest for two reasons. First, the perception is widespread that, over the past twenty or so years, competition …
Single Firm Conduct, George A. Hay
Single Firm Conduct, George A. Hay
Cornell Law Faculty Publications
My assignment is to discuss likely future developments involving single firm conduct. I will first discuss general trends and then move on to discuss some specific areas of the law. At the outset, however, I should remind the reader that what follows are predictions, not endorsements.