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Vertical Distribution Restraints After Sylvania: A Postscript And Comment, Martin B. Louis
Vertical Distribution Restraints After Sylvania: A Postscript And Comment, Martin B. Louis
Michigan Law Review
The Supreme Court's decision last term in Continental T. V., Inc. v. GTE Sylvania Inc. demonstrates once again the difficult antitrust problem posed by vertical distribution restraints and the Court's continuing inability to resolve it satisfactorily. Vertical distribution restraints consist of terms imposed by a manufacturer on its distributors limiting their freedom to redistribute goods. Such restraints vary widely in their details, but the basic forms involve restraints on the prices at which goods are distributed, the customers to whom they can be distributed, and the locations from which or territories in which they can be distributed. These restraints assist …
Price Discrimination Law And Economic Efficiency, Edward H. Cooper
Price Discrimination Law And Economic Efficiency, Edward H. Cooper
Michigan Law Review
The Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13), undertakes to outlaw price "discrimination" upon proof of threatened injury to competition, and subject to specified defenses. Lawyers often bewail the fact that administration of this statute frequently fails to conform to an economist's notion of discrimination. For the most part, the complaints are addressed to the clear fact that, as drafted and interpreted, the statute wreaks unnecessary damage. In the name of protecting competition, competition and economic efficiency are often curtailed.
Intra-Enterprise Conspiracy Under Section 1 Of The Sherman Act: A Suggested Standard, Michigan Law Review
Intra-Enterprise Conspiracy Under Section 1 Of The Sherman Act: A Suggested Standard, Michigan Law Review
Michigan Law Review
Section I of this Note analyzes the cases in which the Supreme Court has implied a doctrine of intra-enterprise conspiracy. Section II then sets forth the theoretical and practical difficulties that such a doctrine entails. Section III, in turn, considers previous proposals for limiting the scope of the intra-enterprise conspiracy doctrine and examines their deficiencies. Finally, section IV presents an alternative analysis of the intra-enterprise conspiracy issue and proposes a standard for determining when application of section 1 of the Sherman Act to parent-subsidiary relations is inappropriate.