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Antitrust and Trade Regulation

1949

Articles 1 - 10 of 10

Full-Text Articles in Law

The Unwary Purchaser In Unfair Trade Cases, Julius R. Lunsford Jr. Dec 1949

The Unwary Purchaser In Unfair Trade Cases, Julius R. Lunsford Jr.

Mercer Law Review

In cases involving the sale of real estate, the legal maxim "Caveat Emptor" (Let the buyer beware) is applicable. In sales of personal property substantially the same rule applies.' The buyer in unfair trade cases is not confronted with such a burden and assumes the status of a "bona fide purchaser for value" in its true and literal meaning. Generally speaking courts do not decide unfair trade cases by the caveat emptor rule of buyer and seller.

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Resale Price Maintenance, Stanley D. Rose Dec 1949

Resale Price Maintenance, Stanley D. Rose

Vanderbilt Law Review

There was a tide in the affairs of men that was taken at its flood by the National Association of Retail Druggists--and it led on to fortune. For this band of little men the Miller-Tydings Amendment to the Sherman Act I was the end of a thirty years war. Enjoined in 1907 from attempting to force up retail price margins and maintain retail drug prices at a uniform level, this association joined with other groups desirous of achieving similar ends in an effort, year after year, to persuade Congress to permit the making of contracts between manufacturers and retailers that …

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Antitrust Laws And The Right To Know, Philip Marcus Jul 1949

Antitrust Laws And The Right To Know, Philip Marcus

Indiana Law Journal

No abstract provided.

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Labor Law-Constitutional Law-Due Process Of Law-State Power To Enjoin Peaceful Picketing, L. B. Lea S.Ed. Jun 1949

Labor Law-Constitutional Law-Due Process Of Law-State Power To Enjoin Peaceful Picketing, L. B. Lea S.Ed.

Michigan Law Review

Plaintiff was a wholesale ice distributor, selling ice to independent contractors. Defendants were members and officers of a union which represented many of the truck drivers employed by these peddlers. In carrying out a scheme to unionize all peddlers, defendants attempted to obtain plaintiff's agreement not to sell ice to non-union peddlers. Such an agreement would violate the state anti-trust law. On plaintiff's refusal, defendants peacefully picketed its plant. Plaintiff immediately suffered an 85% loss of business, and the state court granted it an injunction against the picketing. On appeal to the Supreme Court of the United States, held, …

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Coming Into Equity With Clean Hands, Zechariah Chafee, Jr. Jun 1949

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …

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Broad Scope Of State Regulatory Power Reaffirmed Apr 1949

Broad Scope Of State Regulatory Power Reaffirmed

Indiana Law Journal

Recent Cases: Due Process

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Delivered Prices: Doing Business Under The Present Law, Corwin D. Edwards Apr 1949

Delivered Prices: Doing Business Under The Present Law, Corwin D. Edwards

Michigan Law Review

What is involved in doing business under the present law concerning delivered prices? Since the ease or difficulty of doing business in accord with the law depends upon what the law permits and prohibits, to answer this question requires an assumption about what the law is. I shall assume that the scope of legally permissible action is that envisaged in the statement which the Federal Trade Commission issued to its staff and released to the public last October 12. This statement says, in effect, that businessmen are not required to sell f.o.b. mill or to adopt any particular form of …

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Trade Regulation-State Fair Trade Acts And Supplementary Federal Legislation, Earl R. Boonstra Apr 1949

Trade Regulation-State Fair Trade Acts And Supplementary Federal Legislation, Earl R. Boonstra

Michigan Law Review

The state Fair Trade Acts and the federal Miller-Tydings Act were enacted for the avowed purpose of exempting vertical price fixing contracts from the federal and state anti-trust laws. This legislation followed several court decisions which had declared resale price maintenance agreements unlawful trade restraints. The first Fair Trade Act was enacted by California in 1931, and by 1941 all but four jurisdictions had passed similar legislation. In 1936, the United States Supreme Court upheld the constitutionality of the California and Illinois acts on the broadest of grounds; and while the Miller-Tydings Act has not been passed upon, its constitutionality …

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Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review Apr 1949

Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review

Michigan Law Review

A Review of ANTITRUST LAWS, ET AL. V. UNIT OPERATION OF OIL OR GAS POOLS By Robert E. Hardwicke.

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Cartels Or Competition? The Economics Of International Controls By Business And Government, By George W. Stocking And Myron W. Watkins, Theodore J. Kreps Jan 1949

Cartels Or Competition? The Economics Of International Controls By Business And Government, By George W. Stocking And Myron W. Watkins, Theodore J. Kreps

Indiana Law Journal

No abstract provided.

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