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Full-Text Articles in Law
Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda
Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda
Michigan Law Review
Unification of separate independent business enterprises in a single organization may raise important questions of antitrust policy. The entity which emerges may have acquired, as a result of such unification, a market position of such significance that a substantial lessening of competition or even the creation of a monopoly becomes not only possible but probable. This would be apparent whenever opportunities for buyers of the products or services of the new single unit to shop freely, and to make independent decisions as to prices, channels of purchases and selection of suppliers were to be seriously curtailed, or where such curtailment …
Worldmarks And The Antitrust Law, Rudolf Callmann
Worldmarks And The Antitrust Law, Rudolf Callmann
Vanderbilt Law Review
Like all things, trademark rights can also be exploited for sinister purposes. A trademark can, for example, be used in violation of the antitrust laws and no elaborate references need be made to the legislative history of the Lanham Act to demonstrate that the Act was "not intended to undermine the anti-trust laws."' Certain specific provisions of the Act clearly disclose the legislative intent to dissuade a trademark owner from using his mark in violation of the antitrust laws.
Du Pont General Motors Case, James A. Hart
Du Pont General Motors Case, James A. Hart
Vanderbilt Law Review
On June 3, 1957, the United States Supreme Court, in a four to two decision, held that the du Pont Company's ownership of twenty-three per cent of the voting stock of General Motors had tended to create a monopoly in a line of commerce and thus violated section 71 of the Clayton Act. Justice Brennan wrote the majority opinion and Justice Burton, joined by Justice Frankfurter filed a vigorous dissent. Three of the Justices, Clark, Harlan and Whittaker took no part in the consideration or decision of the case. Hence, a possibility remains that the present Court, with all nine …
A Note On Concentration Studies And Antitrust Policy, Jesse W. Markham
A Note On Concentration Studies And Antitrust Policy, Jesse W. Markham
Vanderbilt Law Review
The current interest in industrial concentration studies almost rivals that which gave rise to the Temporary National Economic Committee's voluminous output on the subject two decades ago. Indeed,by almost any standard, 1957 was a banner year. The Federal Trade Commission opened the season with its 656-page report in January. The National Industrial Conference Board devoted a session to the topic at its forty-first annual meeting in May. In July the Bureau of the Census published its study performed at the request of the Senate Subcommittee on Antitrust and Monopoly. In June the Chamber of Commerce of the United States issued …
For H.R. Ii And S. Ii To Strengthen The Robinson-Patman Act And Amend The Antitrust Law Prohibiting Price Discrimination, Wright Patman M.C.
For H.R. Ii And S. Ii To Strengthen The Robinson-Patman Act And Amend The Antitrust Law Prohibiting Price Discrimination, Wright Patman M.C.
Vanderbilt Law Review
H. R. 11 and S. 11 are modest and simple legislative proposals.'They provide for no change in our antitrust laws prohibiting price discrimination except to limit somewhat the use of the "good faith" defense. The extent of this limitation goes no further than to assist the Act by providing that the "good faith" defense shall not operate as an absolute and complete bar to a proceeding by the Government against the practices of destructive price discrimination: In other words, those discriminations which would have the effect of substantially lessening competition and tending to create a monopoly may not be defended …
Regulation Of Business - Refusals To Deal - Use To Effectuate Resale Price Maintenance, Raymond J. Dittrich, Jr. S.Ed.
Regulation Of Business - Refusals To Deal - Use To Effectuate Resale Price Maintenance, Raymond J. Dittrich, Jr. S.Ed.
Michigan Law Review
This comment will examine the legal questions arising from a manufacturer's exercise of his right to maintain resale prices by refusing to deal with price cutters in an attempt to determine whether this exists only as an abstract right, or whether it can be translated into legally effective business practices.