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Unfair Trade Practices- Robinson-Patman Act - "Per Se" Nature Of Section 2(E), Charles R. Sharp S.Ed. Dec 1959

Unfair Trade Practices- Robinson-Patman Act - "Per Se" Nature Of Section 2(E), Charles R. Sharp S.Ed.

Michigan Law Review

The Federal Trade Commission, finding that a manufacturer and seller of dress patterns discriminated between competing purchasers in violation of section 2 (e) of the Clayton Act, as amended by the Robinson-Patman Act, by paying transportation costs and donating storage cabinets and monthly catalogues to its large variety store customers while charging its smaller fabric store customers for the same services and facilities, issued a cease and desist order against these practices. The commission held that neither the absence of competitive injury nor the presence of cost justification are available as defenses to section 2 (e). On petition for review, …


The Impact Of Antitrust, John P. Miller Oct 1959

The Impact Of Antitrust, John P. Miller

Vanderbilt Law Review

The functions of the antitrust laws have never been well articulated. Some proponents of the law emphasize the economic benefits of competition, i.e., incentives to economic efficiency and growth. Others emphasize the political and social advantages of minimizing the concentration of economic power. A review of the history and present status of antitrust suggests that both these views play a part. The Sherman Act prohibitions of "restraint of trade" and "monopolizing" suggest concern that entry into an industry shall not be barred by arbitrary restraints and that decisions of various firms shall be arrived at independently. This is not the …


Regulation Of Business - Antitrust Laws - Exemption Of Agricultural Cooperative, Dean L. Berry S.Ed. Apr 1959

Regulation Of Business - Antitrust Laws - Exemption Of Agricultural Cooperative, Dean L. Berry S.Ed.

Michigan Law Review

Defendant agricultural cooperative, organized under the authority of section 6 of the Clayton Act and section I of the Capper- Volstead Act, engaged in alleged predatory practices claimed by the government to constitute an attempt to monopolize and lessen competition within the ban of the Sherman and Clayton Acts. In a civil action by the government setting forth three separate claims for relief from such activities, held, the first cause of action, alleging monopoly, dismissed on the merits. In the absence of a combination or conspiracy with persons who are not within the purview of the Clayton and Capper-Volstead …


Unfair Trade Practices - Robinson-Patman Act - Exclusion Of Seller's Broker From Coverage Under Section 2, James A. Park S.Ed. Apr 1959

Unfair Trade Practices - Robinson-Patman Act - Exclusion Of Seller's Broker From Coverage Under Section 2, James A. Park S.Ed.

Michigan Law Review

Petitioners, a brokerage partnership acting as a seller's agent, sold a commodity to a buyer at five cents below the seller's normal price. The seller agreed to this reduction only because the petitioners agreed to reduce their commission on the sale from 5% to 3%. Thus 2.75 cents of the reduction was absorbed by the brokers and 2.25 cents was absorbed by the seller. Respondent Federal Trade Commission ordered petitioners to cease and desist from selling at such a reduction on the ground that the reduction in the regular rate of commission constituted an indirect payment by the brokers of …


Handler: Antitrust In Perspective: The Complementary Roles Of Rule And Discretion., James A. Rahl Jan 1959

Handler: Antitrust In Perspective: The Complementary Roles Of Rule And Discretion., James A. Rahl

Michigan Law Review

A Review of Antitrust in Perspective: The Complementary Roles of Rule and Discretion. By Milton Handler.