Law Commons^™

Antitrust Policy After Chicago, Herbert Hovenkamp

Michigan Law Review

This article begins with the premise that nothing - not even an intellectual structure as imposing as the Chicago School - lasts forever. In fact, a certain amount of stagnation is already apparent. Most of the creative intellectual work of the Chicago School has already been done - done very well, to be sure. The new work too often reveals the signs of excessive self-acceptance, particularly of quiet acquiescence in premises that ought to be controversial.

Today the cutting edge of antitrust scholarship is coming, not from protagonists of the Chicago School, but rather from its critics. The critics began …

Matshushita Electrical Industrial Co., Ltd V. Zenith Radio Corporation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Applicability Of The Antitrust Procedures And Penalties Act Of 1974 To Voluntary Dismissals, Jon B. Jacobs

University of Michigan Journal of Law Reform

This Note argues that Congress should amend the APPA to require a judicial public interest determination prior to the entry of a voluntary dismissal in government-initiated civil antitrust actions. Part I of this Note briefly describes the APPA and Federal Rule of Civil Procedure 41(a)(1). Part II asserts that APPA procedures do not currently apply to voluntary dismissals under Rule 41(a)(1). Part III concludes that the purposes underlying the APPA and general policy considerations support the legislative extension of the Act to dismissals. Part IV responds to objections to this proposal. Finally, Part V presents a specific amendment to the …

Antitrust Comes Full Circle: The Return To The Cartelization Standard, Nolan E. Clark

Vanderbilt Law Review

Antitrust law has been with us since 1890, the year that Congress passed the Sherman Antitrust Act. In the course of this ex-tended period, antitrust law has achieved an exalted status in the pantheon of American jurisprudence.' Nevertheless, for decades,Sherman Act doctrines have been murky and confused. This confusion was not, however, historically inevitable. When enacted, the Sherman Act had a clear focus. Fortunately, as the Sherman Act approaches its centennial, the Supreme Court has given encouraging signs that it is once again returning to the original focus of the statute.

As originally conceived, the Sherman Act prohibited two related …

Modifications Of Antitrust Consent Decrees: Over A Double Barrel, John D. Anderson

Michigan Law Review

This Note will attempt to determine the correct standard of review for all modifications of existing consent decrees. Part I. A. examines the current standards for modifications of consent decrees. It concludes that the APP A does not apply to such orders. Part I. B. then examines the differing standards that are currently applied to defendant-initiated modification motions without the government's consent, government-initiated modification motions without the defendant's consent, and consented-to modifications. Part II argues that these varying standards have little justification since the same substantive concerns exist in all modification cases. Part III explores the two major concerns - …

Vertical Restraints, George A. Hay

Cornell Law Faculty Publications

No abstract provided.

Local Government Practices And The Antitrust Merits, Mark R. Lee

University of Miami Law Review

No abstract provided.

The Demise Of The Intra-Enterprise Conspiracy Doctine: Flexible Antitrust Enforcement Policy Abandoned In A Maze Of Economic Certainty—Copperweld Corp. V. Independence Tube Corp., 104 S. Ct. 2731 (1984), S. John Goodwin

Washington Law Review

In Copperweld Corp. v. Independence Tube Corp. the United States Supreme Court held that corporations and their wholly owned subsidiaries cannot conspire and, thus, cannot violate section 1 of the Sherman Act. The decision signals an important shift in interpretation of the Sherman Act. Before Copperweld, corporations and their wholly owned subsidiaries were subject to conspiratorial liability under the Act. The Supreme Court had recognized intra-enterprise conspiracies on at least six occasions. Despite their diverging views on how broadly the doctrine was to be interpreted, the federal courts of appeals had unanimously applied the doctrine. The Court implicitly addressed the …

The Gains From Merger Or Collusion In Product Differentiated Industries, Jonathan Baker, Timothy Bresnahan

Articles in Law Reviews & Other Academic Journals

A merger in an industry with differentiated products increases the market power of the merging firms to the extent that their products are close substitutes and that other firms produce only more distant substitutes.' Such a merger makes the residual demand curve of each partner steeper, by shifting each in the direction of the industry demand curve. The extent of this increase in market power depends upon the own-elasticity of demand for each merging firm's product, as well as the cross-elasticity of demand for each with all other firms' products. As a result, evaluating the effect of a merger between …

Reducing Unions' Monopoly Power: Costs And Benefits, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

There is a fundamental conflict between labor law and antitrust law. The antitrust laws reflect the powerful idea that competition should usually dictate the way our economy is organized, to the benefit of the economy as a whole, including workers. But the labor exemption to the antitrust laws suggests a different policy: workers should have the right to eliminate competition for wages, hours, and working conditions.

The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note argues that sections 2(d) and 2(e) were meant to cover only disguised discriminations not within the scope of section 2(a). If the seller's conduct falls within the scope of section 2(a), that section must be applied regardless of whether or not the conduct also falls within the language of section 2(d) or 2(e). Only when section 2(a) does not apply is recourse available under sections 2(d) and 2(e). Part I of this Note looks at general antitrust policy, the limitations of the Clayton Act that led to the enactment of the Robinson-Patman Act, and the legislative history of …

Ncaa V. Board Of Regents: Supreme Court Intercepts Per Se Rule And Rule Of Reason, Peter W. Bellas

University of Miami Law Review

No abstract provided.

Intra-Entity Conspiracies And Section I Of The Sherman Act: Filling The Gap After Copperweld Corp. V. Independence Tube Corp. , Peter J. Alessandria

Buffalo Law Review

No abstract provided.

Vertical Restraints Guidelines: A Step Forward, Joe Sims, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Vertical Restraints After Monsanto, George A. Hay

Cornell Law Faculty Publications

The decision in Monsanto Co. v. Spray-Rite Service Corp. represents the Supreme Court's latest effort to articulate the standards governing vertical restraints of trade under the United States anti-trust law. It is unlikely that this will be the last time the Court addresses this topic. Notwithstanding the many Supreme Court decisions in this area, several issues remain unresolved. Indeed, Monsanto may have created (or resurrected) as many new questions as it answered, a phenomenon characteristic of most prior opinions in this area.

At least part of the reason for this unsettled state is that, from the outset, the Supreme Court …

Anti-Trust And Economic Theory: Some Observations From The Us Experience, George A. Hay

Cornell Law Faculty Publications

Recent developments in US anti-trust can be characterised as reflecting the uneasy interaction of two quite separate phenomena: first, the increased emphasis on economic analysis as the overriding organising principle of anti-trust policy and on economic efficiency as the primary (perhaps only) relevant goal for anti-trust; second, the long-standing reluctance of the federal judiciary to involve itself in any substantive economic analysis, and the preference, instead, for simple rules of thumb or ‘pigeon holes’ to sort out lawful from unlawful conduct. The result has been that while economics has played a major role, it has not influenced American anti-trust as …

Airline Deregulation, Computerized Reservation Systems, And Travel Agents, J.A. F. Nicholls

Hospitality Review

With the beginning of airline deregulations in 1978, U.S. domestic operations were in for a period of turmoil, adjustment, vibrancy, entrepreneurship, and change. A great deal has been written about the effects of deregulation on airlines and their personnel, and on the public at large. Less attention has been paid to the effects on travel agents and on the seminal role of computerized reservations systems (CRSs) in the flowering of travel agencies. This article examines both of these phenomena.

Antitrust - Repudiation Of The Intraenterprise Conspiracy Doctrine - Copperweld Corp. V. Independence Tube Corp., Ellen M. Gregg

Campbell Law Review

The purpose of this Note is to examine the effects of the Copperweld holding on antitrust regulation and enforcement. The Note traces the development of the intraenterprise conspiracy doctrine and assesses its impact on past antitrust actions. It also addresses the question of whether the repudiation of the intraenterprise conspiracy doctrine will weaken antitrust enforcement in the corporate arena. The Copperweld Court concludes that its decision will not cripple antitrust enforcement due to the existence of other policing measures. The Note will suggest, however, that in the Copperweld decision, the majority displayed an alarming willingness to elevate form over substance …

Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb

LLM Theses and Essays

Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.

Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke

Kentucky Law Journal

No abstract provided.

Laker Airways: Recognizing The Need For A United States-United Kingdom Antitrust Treaty, Mark P. Barbolak

Penn State International Law Review

This article analyzes the conflict between the United States and the United Kingdom regarding the extraterritorial application of American antitrust laws. It begins by presenting a history of the dispute and then describes how that dispute culminated in a judicial battle in the Laker Airways litigation.

The article recognizes, however, that the question of extraterritorial application of United States antitrust laws is too political in nature to be determined in the judicial arena. Indeed, recent attempts by United States courts to balance United States and foreign interests have done nothing to assuage Britain's aversion toward American antitrust laws. This article …

The Multinational's Dilemma: The Ibm Proceeding In Europe, William F. Colby Jr.

Penn State International Law Review

This Comment will discuss the extraterritorial application of antitrust legislation in general and the international conflicts produced thereby.

The Shipping Act Of 1984: Bringing The United States In Harmony With International Shipping Practices, Martha L. Cecil

Penn State International Law Review

To place the Shipping Act of 1984 in context, this Comment begins by outlining the development of ocean liner conferences and the economics of liner operations. It then describes the changes in case law that increased foreign carriers' exposure to antitrust liability and caused foreign governments to enact retaliatory blocking statutes in an effort to protect their nationals from the extraterritorial application of United States laws. The major portion of the Comment then analyzes the Shipping Act of 1984 and compares the provisions that are responsive to international shipping practices with those that remain in conflict with generally accepted shipping …

Software Lock-In And Antitrust Tying Arrangements: The Lessons Of Data General, 5 Computer L.J. 329 (1984), Charles H. Helein

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The United States Policy Toward Inward Foreign Direct Investment, Harvey E. Bale, Jr.

Vanderbilt Journal of Transnational Law

This paper presents the perspective of the author, a trade and investment policy official, on the most significant aspects of the United States policy toward foreign direct investment. The summary in this section is presented to give the author's policy viewpoint in order to assist the reader in evaluating the paper's arguments... United States policy, at both the federal and local levels, reflects a strong positive attitude concerning the general benefits of inward foreign direct investment. While foreign ownership of United States assets is restricted in certain sectors, the general United States approach is one of "national treatment"--i.e., foreign investors …

Antitrust And Amateur Sports: The Role Of Noneconomic Values, Wendy T. Kirby, T. Clark Weymouth

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

Alternative Broadcasting Arrangements After Ncaa, Byron L. Gregory, J. Craig Busey

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports

Held at Indiana University School of Law - March 1985

The Economic Realities Of Amateur Sports Organization, James V. Koch

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

Transnational Joint Ventures And Antitrust Analysis, George E. Garvey

Scholarly Articles

This article develops the argument for lenient treatment of transnational joint ventures in several sections. The first section defines ajoint venture. The second and third summarize the historical application of the antitrust laws to joint ventures in general, and to transnationaljoint ventures in particular. The fourth section explores the economic bases for analysis and briefly notes some relevant political considerations. The fifth section analyzes the application of antitrust principles to transnational ventures, emphasizing the leading historic and contemporary judicial decisions, and attempting to identify and critique the developing analytical approaches.

Finally, the article suggests a judicial and legislative response that …

Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller

University of Richmond Law Review

The phenomenal rate of inflation experienced by the health care industry in the past several years has been a substantial cause of concern for everyone affected-physicians, hospitals, insurers, employers and consumers. Public reaction to the tremendous increase in health care costs has created pressure on health care providers to compete on the basis of price and to deliver services more efficiently. The recent growth of alternative health care delivery systems (ADSs) has been a direct response to a number of problems created by increasing health care costs including increased competition in health care delivery, resistance by payors and consumers to …