Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of Michigan Law School

United States Supreme Court

Antitrust and Trade Regulation

1976

Articles 1 - 2 of 2

Full-Text Articles in Law

Vertical Distributional Restraints Under Schwinn And Sylvania: An Argument For The Continuing Use Of A Partial Per Se Approach, Martin B. Louis Dec 1976

Vertical Distributional Restraints Under Schwinn And Sylvania: An Argument For The Continuing Use Of A Partial Per Se Approach, Martin B. Louis

Michigan Law Review

This phenomenon has been manifested in the vertical distribution cases, which seem to cry out for a departure from the rule of reason approach for several reasons. First, as section I of this article will show, vertical cases frequently involve a package of restraints--a characteristic that compounds all of the difficulties of evaluation mentioned above. Second, vertical restraints reduce intrabrand competition in order, supposedly, to promote interbrand competition. Thus, even if we could identify and measure both the procompetitive and anticompetitive effects of a particular restraint, we cannot assume a one-to-one equivalency, and we lack a workable process by which …


Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine Jan 1976

Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine

Articles

From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …