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Full-Text Articles in Law

Oppenheim: Unfair Trade Practices, Cases And Comments, Glen E. Weston Nov 1965

Oppenheim: Unfair Trade Practices, Cases And Comments, Glen E. Weston

Michigan Law Review

A Review of Unfair Trade Practices, Cases and Comments by S. Chesterfield Oppenheim


Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker Nov 1965

Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker

Michigan Law Review

A Review of Perspectives on Antitrust Policy edited by Almarin Phillips


The Antitrust Laws And The Corporate Executive's Civil Damage Liability, Joseph R. Manning Oct 1965

The Antitrust Laws And The Corporate Executive's Civil Damage Liability, Joseph R. Manning

Vanderbilt Law Review

It will be the purpose of this note to examine the executive's potential civil liability for damages resulting from his violations of the federal antitrust laws. First, there is the injury to the persons against whom his unlawful conduct was directed. They may desire compensation for their injuries, as well as treble damages in a suit authorized by section 4 of the Clayton Act.' Also, the executive may cause injury to his corporation by subjecting it to fines, damages,and litigation expenses. This presents the question: whether a shareholder may bring a derivative suit against the executive for these damages to …


Determining The "Line Of Commerce" Under Section Seven Of The Clayton Act, William H. Barr Jun 1965

Determining The "Line Of Commerce" Under Section Seven Of The Clayton Act, William H. Barr

Vanderbilt Law Review

A provision of the antitrust statutes currently receiving a great deal of publicity is the anti-merger section of the Clayton Act-section 7. The statute prohibits the acquisition by one corporation of stock or assets of another corporation, "where in any line of commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly." It is designed to eliminate the merger as a means to amassing monopoly power by prohibiting at its incipiency the lessening of competition or the creation of monopoly power through merger. A finding …


The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock Jun 1965

The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock

Michigan Law Review

The following discussion explores the interaction between law and economics as these two disciplines relate to the issues which arise under section 7 of the Clayton Act, as amended in 1950, and examines the correlative problems implicit in the working arrangements between lawyers and economists when they are asked to counsel an enforcement agency or an acquiring or acquired company concerning the potential competitive consequences of a merger.


Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review Jan 1965

Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review

Michigan Law Review

Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …