Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (6)
- Brigham Young University Law School (2)
- Northwestern Pritzker School of Law (2)
- University of Pennsylvania Carey Law School (2)
- University of Richmond (2)
-
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- Notre Dame Law School (1)
- University of Baltimore Law (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- Antitrust (8)
- Antitrust law (2)
- Competition (2)
- Corporations (2)
- GATT (2)
-
- General Agreement on Tariffs and Trade (2)
- International law (2)
- Advanced Health-Care Services v. Radford Community Hospital (1)
- Advanced Health-CareService v. Radford Community Hospital (1)
- Airport Properties Ltd. Partnership v. Capital Region Airport Commission (1)
- Annual Survey of Virginia Law (1)
- Anticompetitive (1)
- Antidumping (1)
- Antidumping Act of 1921 (1)
- Antitrust Amendments Act (1)
- Antitrust damages (1)
- Antitrust law (International law) (1)
- Antitrust violation (1)
- Associated Press v. United States (1)
- Bank holding company act (1)
- Bankruptcy (1)
- Bolt v. Halifax Hospital Medical Center (1)
- Books Received (1)
- Brunswick Corp. v. Pueblo Bowl-O-Mat (1)
- Brunswick Corp. v. Pueblo Bowl-O-Mat Inc. (1)
- Business Electronics Corp. v. Sharp Electronics Corp (1)
- Business practices (1)
- Chicago School (1)
- City Gas Co. of Florida v. Consolidated Gas of Florida (1)
- City of Columbia v. Omni Outdoor Advertising (1)
- Publication
-
- All Faculty Scholarship (4)
- Vanderbilt Journal of Transnational Law (4)
- BYU Law Review (2)
- Northwestern Journal of International Law & Business (2)
- University of Richmond Law Review (2)
-
- Vanderbilt Law Review (2)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Cleveland State Law Review (1)
- Cornell Law Faculty Publications (1)
- Faculty & Staff Scholarship (1)
- Faculty Scholarship (1)
- Florida State University Law Review (1)
- Journal Articles (1)
- Mercer Law Review (1)
- Michigan Law Review (1)
- Popular Media (1)
- University of Miami Inter-American Law Review (1)
- Washington Law Review (1)
- Publication Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Misuse Of The Antitrust Laws: The Competitor Plaintiff, Edward A. Snyder, Thomas E. Kauper
Misuse Of The Antitrust Laws: The Competitor Plaintiff, Edward A. Snyder, Thomas E. Kauper
Michigan Law Review
In this article we ask (1) under what circumstances are competitor suits meritorious, and (2) do existing rules, such as those requiring proof of market power or other so-called filters and the requirement that plaintiffs suffer "antitrust injury," afford a reasonable prospect of eliminating anticompetitive misuses of the remedy by competitor plaintiffs? We evaluate a sample of seventy-four cases in which plaintiffs sued their rivals to learn how competitor plaintiffs use the private antitrust remedy. And because many of these cases allege anticompetitive exclusionary practices, we consider how recent theories of exclusionary practices may be used to support competitor claims. …
Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White
Black And White Thinking In The Gray Areas Of Antitrust: The Dismantling Of Vertical Restraints Regulation, Barbara Ann White
All Faculty Scholarship
In this Article I present a two-pronged analysis of vertical restraints, one in law and one in economics. By tracing the checkered legal history of vertical restraints, I show the marked changes recent antitrust decisions have wrought, in particular, by comparing the legal standards expressed by the Supreme Court in Monsanto Co. v. Spray-Rite Service Corp. with those in Business Electronics Corp. v. Sharp Electronics Corp and Atlantic Richfield Co. (ARCO) v. USA Petroleum Co. If through the latter two cases the Court has, for all practical purposes, created a category of per se legality for vertical price restraints, which …
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Premerger Review And Bankruptcy: The Meaning Of Section 363(B)(2), Robert B. Greenbaum, Alan J. Meese
Popular Media
No abstract provided.
Clayton Act Scrutiny Of Nonprofit Hospital Mergers: The Wrong Rx For Ailing Institutions, David L. Glazer
Clayton Act Scrutiny Of Nonprofit Hospital Mergers: The Wrong Rx For Ailing Institutions, David L. Glazer
Washington Law Review
The Sherman and Clayton antitrust laws have long been used to challenge anticompetitive mergers between for-profit entities. Recently, the federal government began challenging mergers between nonprofit hospitals under the Clayton Act. Two federal circuit courts are divided on whether nonprofit mergers are subject to Clayton Act scrutiny. This Comment examines the statutory interpretations and the policy arguments suggested by the two cases, and concludes that the Clayton Act does not, and should not, apply to nonprofit hospital mergers.
Albrecht After Arco: Maximum Resale Price Fixing Moves Toward The Rule Of Reason, Roger D. Blair, Gordon L. Lang
Albrecht After Arco: Maximum Resale Price Fixing Moves Toward The Rule Of Reason, Roger D. Blair, Gordon L. Lang
Vanderbilt Law Review
For some time, both economic and legal commentators have recognized the economic irrationality of the Supreme Court's ruling in Albrecht v. Herald Co. which prohibited the imposition of maximum resale prices by a supplier on its resellers. Ordinarily, unwise decisions receive critical reviews and eventually lose their force as they are over-ruled explicitly or by implication in subsequent decisions. In order for this evolution to occur, however, the Court must be presented with an opportunity to alter its earlier rulings. Recently, the Supreme Court had just such an opportunity to revisit the Albrecht rule in Atlantic Richfield Co. v. USA …
The Prescriptive Jurisdictional Reach Of U.S. Antitrust Law: Judge Learned Hand's Requirement Of A "Substantive Anticompetitive Effect", Michael F. Kelley
The Prescriptive Jurisdictional Reach Of U.S. Antitrust Law: Judge Learned Hand's Requirement Of A "Substantive Anticompetitive Effect", Michael F. Kelley
University of Miami Inter-American Law Review
No abstract provided.
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
Cornell Law Faculty Publications
This paper presents an analytical history of anti-dumping and anti-subsidy law in GATT and its member countries. In recent years this body of ‘unfair trade remedy’ law has flourished in the western trading system. Important trading countries have adopted new or expanded anti-dumping and anti-subsidy laws and imposed trade-blocking remedies under them more frequently than ever before. I try to explain in this essay how and why these laws--which I view as protectionist--have prospered and become so rooted in GATT and its member countries.
Economic Rents And Essential Facilities, Keith N. Hylton
Economic Rents And Essential Facilities, Keith N. Hylton
BYU Law Review
No abstract provided.
Antitrust Immunity Under Florida's Certificate Of Need Program, Scott D. Makar
Antitrust Immunity Under Florida's Certificate Of Need Program, Scott D. Makar
Florida State University Law Review
No abstract provided.
Antitrust, Michael Eric Ross
Antitrust, Michael Eric Ross
Mercer Law Review
The antitrust docket of the Eleventh Circuit last year mirrored the general state of antitrust law in several respects. It included only five full blown decisions, three involved health care, and defendants had won below in all five cases. On the other hand, the Eleventh Circuit went against the antitrust grain in 1990 by finding for plaintiffs in three of its five opinions and again refusing to be mesmerized by contemporary economic arguments. Moreover, a few of the Eleventh Circuit's specific antitrust holdings rendered last term might fairly be questioned.
This Article discusses each of the Eleventh Circuit's 1990 antitrust …
Tax Considerations In Foreign Trade And Investment In The Ussr, Michael Newcity
Tax Considerations In Foreign Trade And Investment In The Ussr, Michael Newcity
Vanderbilt Journal of Transnational Law
The purpose of this Article is to provide a primer on the tax treatment accorded in the USSR to the various forms of income that foreign companies and individuals may earn in the course of doing business or otherwise investing there. This Article will not provide exhaustive answers to all questions arising in connection with the taxation of income earned by foreign businesses in the USSR. Such exhaustive answers are not currently possible because of frequent changes in Soviet tax legislation and the lack of comprehensive and sophisticated regulations interpreting that legislation.
The Soviet Government, at both the union and …
Trade And Investment In Central And Eastern Europe: A Bibliographic Survey Of Current Literature In English, Igor I. Kavass, William M. Walker
Trade And Investment In Central And Eastern Europe: A Bibliographic Survey Of Current Literature In English, Igor I. Kavass, William M. Walker
Vanderbilt Journal of Transnational Law
The year 1989 will be remembered as an important year in the histories of the Central and Eastern European countries because of the demise of the Soviet-controlled regimes and the emergence of independent and largely pluralistic political movements. A major catalyst for such radical political change was the decline of the centralized command economies in the Central and Eastern European countries. These so-called "Soviet Bloc" countries modeled their economic systems after the Soviet Union and, like the Soviet model, these countries found themselves saddled with an increasingly inefficient economic system. When the political systems changed, the new governments immediately took …
Determining The Indirect Purchaser's Right To Sue In The Conte:Tt Of Regulated Utilities: Kansas & Missouri V. Utilicorp United, Inc., Brett L. Hopper
Determining The Indirect Purchaser's Right To Sue In The Conte:Tt Of Regulated Utilities: Kansas & Missouri V. Utilicorp United, Inc., Brett L. Hopper
BYU Law Review
No abstract provided.
Retracing The Antitrust Roots Of Section 1972 Of The Bank Holding Company Act, Daniel Aronowitz
Retracing The Antitrust Roots Of Section 1972 Of The Bank Holding Company Act, Daniel Aronowitz
Vanderbilt Law Review
In 1956 Congress enacted the Bank Holding Company Act' (BHCA) to provide safeguards against undue concentration in the control of banking activities. Congress intended the regulations to protect the economy from anticompetitive combinations of banking and non- banking enterprises held under singular control. Still concerned with the faded "line" between banking and commerce, in 1970 Congress in- creased the scope' of the BHCA with a series of amendments, including an anti-tying provision.
Specifically, 12 U.S.C. section 1972 prohibits anticompetitive practices that "require bank customers to accept or provide some other service or product or refrain from dealing with other parties" …
Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber
Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber
All Faculty Scholarship
This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.
Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …
Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller
Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller
Vanderbilt Journal of Transnational Law
This Article contends that the current state of the debate over the balancing of interests in the extraterritorial application of United States law is outmoded and in need of serious reexamination. Most commentators and scholars continue to focus on the area of jurisdiction to prescribe, the acceptability of the effects test, and the development of lists of United States and foreign interests to be balanced by a United States court before exercising jurisdiction.
Professor Waller contends that this debate is no longer productive. Extraterritoriality, with some limitations for the interests of other states, is an accepted feature of United States …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
University of Richmond Law Review
Virginia federal courts have shown a reluctance this past year to summarily dismiss plaintiffs' antitrust claims on Rule 12(b)(6) motions where there is no factual record. However, once a sufficient record has been established, the courts have continued their rigorous scrutiny of antitrust claims. While this year's decisions contain few victories for antitrust plaintiffs on the merits, surprisingly, their holdings are mixed and cannot be categorized as decidedly pro-plaintiff or defendant. This past year, the Fourth Circuit has limited plaintiffs' actions by broadening the sweep of the intracorporate conspiracy doctrine established in Copperweld Corp. v. Independence Tube Corp. to include …
Economic Rents And Essential Facilities, Keith N. Hylton
Economic Rents And Essential Facilities, Keith N. Hylton
Faculty Scholarship
This paper presents an economic analysis of the essential facility doctrine of antitrust. According to this doctrine, a firm or group of firms that possesses exclusive access to a cost-reducing facility must be prepared to share such access on fair terms with competitors.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
MEDICAL MALPRACTICE ABROAD BY UNITED STATES PHYSICIAN IN CONNECTION WITH DEPARTMENT OF STATE REGULATIONS GOVERNING TORT CLAIMS PROVIDED FOR AN INVESTIGATIVE PROCEDURE FOLLOWED BY AGENCY DECISION--AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS NO CONSTITUTIONAL OBLIGATIONS TO EVALUATE MEDICAL MALPRACTICE CLAIM ON THE MERITS AND IN ACCORD WITH MINIMAL DUE PROCESS. Tarpeh-Doe v. United States, 904 F.2d719 (D.C. Cir. 1990).
THE FOREIGN CORRUPT PRACTICES ACT DOES NOT CREATE AN IMPLIED PRIVATE RIGHT OF ACTION THAT KENTUCKY TOBACCO GROWERS COULD USE TO RECOVER DAMAGES FROM COMPANIES THAT ALLEGEDLY ENGAGED IN CORRUPT PRACTICES TO THE DETRIMENT OF GROWERS. THE ACT OF STATE DOCTRINE, HOWEVER, DOES …
Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford
Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford
Journal Articles
Despite its other successes, the General Agreement on Tariffs and Trade (GATT) has been criticized as being anything but successful in the antidumping arena. In particular, industries in the United States argue that GATT has failed to control dumping effectively and that alternative forms of relief are needed to counteract this unfair trade practice. The root of their concerns is the prospective nature of the existing remedy. Since antidumping duties are assessed only after a violation has been detected, dumping is essentially a risk-free, no-lose proposition, giving foreign exporters a free "first bite at the apple." The absence of monetary …
Antitrust Damages For Consumer Welfare Loss, David C. Hjelmfelt, Channing D. Strother Jr.
Antitrust Damages For Consumer Welfare Loss, David C. Hjelmfelt, Channing D. Strother Jr.
Cleveland State Law Review
Section 4 of the Clayton Act provides that any person who is injured in his business or property by reason of anything forbidden in the antitrust laws "shall recover threefold the damages by him sustained." The current private enforcement model usually permits plaintiffs to recover damages based upon the excessive prices charged to consumers. However, economists see the real loss to society from an antitrust violation to be the consumer welfare loss which results from reduced output. The authors have been unable to locate any antitrust case which has permitted recovery of damages for this consumer welfare loss. Therefore, this …
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
Articles by Maurer Faculty
No abstract provided.
The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar
The Role Of Antitrust Policy In The Development Of Australian-New Zealand Free Trade, Rex J. Ahdar
Northwestern Journal of International Law & Business
This article examines some antitrust aspects of the Australia-New Zealand free trade accord. The first section will trace the development of trans-Tasman2 free trade, noting the long history of efforts to liberalize trade between the two countries. The next part analyzes the role antitrust law played in the movement to free trade. The final two sections raise a number of outstanding issues and problems yet to be resolved by Australia and New Zealand policy makers.
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Field-Of-Use Restrictions As Precompetitive Elements In Patent And Know-How Licensing Agreements In The United States And The European Communities, Thomas C. Meyers
Northwestern Journal of International Law & Business
The courts of both the United States and the European Communities have upheld the legality of various licensing restrictions. One such restriction, the "field-of-use" restriction, is the subject of this article. A field-of-use restriction prohibits a licensee from realizing the benefits of the license in certain technical fields. Field-of-use restrictions are usually written as restricting use to a particular field rather than listing prohibited fields… This article first sets forth an economic justification for the legality of field-of-use restrictions, concluding that such restrictions are usually pro-competitive. The article then analyzes the relevant law in both the United States and the …
The Convergence Of Law In An Era Of Political Integration: The Wood Pulp Case And The Alcoa Doctrine, James J. Friedberg
The Convergence Of Law In An Era Of Political Integration: The Wood Pulp Case And The Alcoa Doctrine, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch
Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch
Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Per Se Rules In The Antitrust Analysis Of Horizontal Restraints, Jonathan Baker
Per Se Rules In The Antitrust Analysis Of Horizontal Restraints, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.