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Articles 1 - 30 of 56
Full-Text Articles in Law
It Once Again Takes Two To Tango: Great Atlantic & Pacific Tea Co. V. F.T.C., Paul J. Galanti
It Once Again Takes Two To Tango: Great Atlantic & Pacific Tea Co. V. F.T.C., Paul J. Galanti
William & Mary Law Review
No abstract provided.
Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold
Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold
William & Mary Law Review
No abstract provided.
Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock
Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock
West Virginia Law Review
No abstract provided.
Purging The Misuse - Suggestions For A Reasonable Balance Of Conflicting Policies, Alan J. Statman
Purging The Misuse - Suggestions For A Reasonable Balance Of Conflicting Policies, Alan J. Statman
William & Mary Law Review
No abstract provided.
Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee
Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee
Vanderbilt Law Review
This Article examines the Supreme Court's attempts to foster open markets by altering either the structure or the conduct of mass media enterprises." Structure and conduct are the two main determinants of market performance. Market structure "means those characteristics of the organization of a market that seem to exercise a strategic influence on the nature of competition and pricing within the market." Some characteristics of market structure include degree of buyer concentration, degree of seller concentration, degree of product differentiation, and entry conditions. Market conduct, on the other hand, comprises the practices, policies, and devices which firms employ in adjusting …
Antitrust: Shared Information Between The Ftc And The Department Of Justice, Judy Beckner Sloan
Antitrust: Shared Information Between The Ftc And The Department Of Justice, Judy Beckner Sloan
BYU Law Review
No abstract provided.
Community Antenna Television And The Law, Sheila Tabron
Community Antenna Television And The Law, Sheila Tabron
North Carolina Central Law Review
No abstract provided.
Andus V. Allard, Lewis F. Powell Jr.
California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr.
California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Antitrust Consequences Of Manufacturer-Suggested Retail Prices—The Case For Presumptive Illegality, William R. Andersen
The Antitrust Consequences Of Manufacturer-Suggested Retail Prices—The Case For Presumptive Illegality, William R. Andersen
Washington Law Review
A manufacturer's suggestion of resale prices to dealers is an example of price-affecting conduct which is said to create no antitrust liability despite the fact that liability would result from identical conduct if the parties were horizontally related. This article argues that permitting parties to tamper with the price term in any fashion risks contravention of the policies behind the antitrust laws, and that making the antitrust consequence turn on whether the parties appear to be related vertically or horizontally is not an intelligible way of minimizing that risk. In conclusion it is recommended that suggested prices should be presumptively …
Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii
Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii
Vanderbilt Law Review
Professor Suzanne Weaver's first book, Decision To Prosecute: Organization and Public Policy in the Antitrust Division, is a study of the Antitrust Division of the Department of Justice, its institutional behavior and its mechanisms for public policy formation.Although Professor Weaver's audience is not limited to the legal community, Decision To Prosecute will stimulate in two ways the interest of antitrust students, scholars, and practitioners. On one level, the reader will learn something about the internal operations of the Antitrust Division, and may reconsider his preformed judgments about that influential, trenchant branch of the Justice Department.
Conflicting Interpretations Of The Sherman Act's Jurisdictional Requirement, Robert D. Eckinger
Conflicting Interpretations Of The Sherman Act's Jurisdictional Requirement, Robert D. Eckinger
Vanderbilt Law Review
Over the past fifty years, plaintiffs have called upon the federal judiciary to deal with antitrust disputes of an increasingly local nature. Although the courts have responded by generally broadening the range of activities which satisfy the substantive elements of the Sherman Act, their approach to the jurisdictional requirement of the statute has been far from consistent. As a matter of statutory construction, this inconsistency, when compared to the expansive jurisdictional approach applied to other statutes based on the commerce clause, is not justified, at least in the absence of a congressional intention to limit the reach of the Sherman …
The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.
The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.
William & Mary Law Review
No abstract provided.
Recent Judicial Efforts To Reconcile The Robinson-Patman Act With The Sherman Act, Paul H. Larue
Recent Judicial Efforts To Reconcile The Robinson-Patman Act With The Sherman Act, Paul H. Larue
Washington and Lee Law Review
No abstract provided.
Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits
Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits
Michigan Law Review
A Review of The Antitrust Paradox: A Policy at War with Itself by Robert H. Bork
The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill
The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill
West Virginia Law Review
Sharply heightened attention is currently being paid to antitrust enforcement at the state level. In 1976, Congress appropriated approximately $30,000,000 in federal funds to the states for the maintenance of antitrust actions and other programs. A fertile field is being made available for the expenditure of these funds by the focus of the federal antitrust enforcement agencies on the larger structural cases with a corresponding decline in enforcement actions against "routine" practices. In this climate, the opportunities for state actions are extremely favorable, especially in light of the generally high political marks to be achieved by state Attorneys General, who …
Rate Base Evaluation And Vertical Integration: Shifting Standards In Telephone Regulation, James Mcconnaughey, Manley R. Irwin
Rate Base Evaluation And Vertical Integration: Shifting Standards In Telephone Regulation, James Mcconnaughey, Manley R. Irwin
Indiana Law Journal
No abstract provided.
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
Northwestern Journal of International Law & Business
The United States and the United Kingdom are presently completing negotiations on an accord that will providefor the reciprocal recognition and enforcement of civil judgments. The negotiations have been the subject of considerable debate, the sharpest criticism being expressed by British exporters who fear that recognition of United States judgments in the United Kingdom will subject them to increased antitrust and products liability claims. Through an analysis of theproposed agreement against the existing statutory and common law rules, Commissioner North addresses these criticisms. He concludes that the additional burden of American judgments on English defendants created by the agreement does …
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Scholarly Works
No abstract provided.
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
University of Richmond Law Review
An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.
Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner
Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner
Vanderbilt Journal of Transnational Law
A look back at the last thirty years of United States antitrust's foreign "voyages of discovery" among friendly nations reveals a picture too often resembling not so much an era of good feeling as a thirty years war. Following hard upon Judge Hand's famous formulation of the "effects" doctrine in Alcoa in 1946 the Antitrust Division conducted a series of investigations in which compulsory process was used to seek documents located in foreign nations. Prodded by what they viewed as U.S. antitrust authorities' impermissible overreaching, the affected countries began to enact defensive "blocking statutes." The passage by Canada's Ontario Province …
Trademarks, Antitrust And The Federal Trade Commission, 13 J. Marshall L. Rev. 151 (1979), J. Thomas Mccarthy
Trademarks, Antitrust And The Federal Trade Commission, 13 J. Marshall L. Rev. 151 (1979), J. Thomas Mccarthy
UIC Law Review
No abstract provided.
Contribution In Antitrust Damage Actions, Robin Stone Sellers
Contribution In Antitrust Damage Actions, Robin Stone Sellers
Villanova Law Review
No abstract provided.
Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax
Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax
Vanderbilt Journal of Transnational Law
ACT OF STATE DOCTRINE-ACT OF STATE DOCTRINE DOES NOT PRECLUDE ADJUDICATION OF ANTITRUST CLAIM INVOLVING ALLEGED FRAUDULENT PROCUREMENT OF FOREIGN PATENTS
Gayle B. Carlson
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ADMIRALTY-DAMAGES FOR WRONGFUL DEATH ON THE HIGH SEAS ARE LIMITED TO PECUNIARY LOSS
Michael P. Coury
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ANTITRUST-E.E.C. TREATY-JOINT VENTURE AGREEMENT THAT OPERATES TO PRECLUDE ENTRY INTO A GEOGRAPHIC MARKET IS PROHIBITED UNDER ARTICLE 85 OF THE E.E.C. TREATY
Celia J. Collins
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CONSTITUTIONAL LAW-TEAS STATUTE'S DENIAL OF FREE EDUCATION TO ILLEGAL ALIENS VIOLATES EQUAL PROTECTION CLAUSE AND IS PREEMPTED BY THE IMMIGRATION AND NATIONALITY ACT
Spencer M. Sax
==========================
SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITIES ACT …
Annual Survey Of Antitrust Developments 1977-1978 , Daniel A. Carrell
Annual Survey Of Antitrust Developments 1977-1978 , Daniel A. Carrell
Washington and Lee Law Review
No abstract provided.
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Department Of Justice Opinion Letter, Patricia M. Wald
Department Of Justice Opinion Letter, Patricia M. Wald
Vanderbilt Journal of Transnational Law
The Department of Justice supports the main purpose of these bills, that is, expeditious exposure of, and effective opposition to, secret cartel arrangements supported by foreign governments that cause direct injury in U. S. commerce. The Department of Justice also welcomes support for accelerated efforts toward international resolution of restrictive anticompetitive business practices. However, the Department, for the reasons stated above, recommends against enactment of H.R. 13921 and H.R. 13922 in their present forms.
We do believe the continued exploration and discussion of the need for enactment of a reporting requirement for foreign, governmentally-involved, cartels would be worthwhile. We have …
The Cartel Restriction Act Of 1979: Response To A Global Economic Problem, Albert Gore, Jr.
The Cartel Restriction Act Of 1979: Response To A Global Economic Problem, Albert Gore, Jr.
Vanderbilt Journal of Transnational Law
The potential for workable cartels presently exists in several commodities, and host-countries and multinationals have already initiated or attempted cartel activities in minerals and agricultural goods. The recent success of the OPEC cartel was a significant factor influencing the formation of the uranium cartel by easing corporate and governmental inhibitions against cartel activities. Given the increasing exploitative attitude among developed countries and what has been termed the "irrational solidarity" among developing countries, it is not unreasonable to expect more imitations of OPEC success wherever market conditions would allow a group of producers to extract monopoly rents from consuming nations. Such …
Suing A Foreign Government Under The United States Antitrust Laws: The Need For Clarification Of The Commercial Activity Exception To The Foreign Sovereign Immunities Act Of 1976, James Hugo Friend
Northwestern Journal of International Law & Business
Increased state involvement in trade and commerce has manifested itself in a variety of ways, including the growth of producer cartels with sovereign states as members, state monopolization of the sale and production of certain products, the nationalization of industry in peacetime and the concomitant growth of public corporations, and the partial or complete ownership by sovereign states of private corporate entities. The widespread participation of governments in activities of an arguably private nature, especially in view of the Foreign Sovereign Immunities Act of 1976, raises a question of growing practical importance: to what extent are the "commercial" activities of …
Antitrust - Treble Damage Action - Illinois Brick Rule Does Not Bar Suit By Direct Purchaser Of Product Which Contains Price Fixed Component Produced By Seller, Jonathan Willinger
Antitrust - Treble Damage Action - Illinois Brick Rule Does Not Bar Suit By Direct Purchaser Of Product Which Contains Price Fixed Component Produced By Seller, Jonathan Willinger
Villanova Law Review
No abstract provided.