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Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Cleveland State Law Review
This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.
Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple
Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple
Cleveland State Law Review
Under the auspices of the information gathering authority granted to the Federal Trade Commission (FTC) by the Federal Trade Commission Act, the Commission has developed two corporate report programs entitled "The Line of Business [LB] Report Program" and "The Corporate Patterns Report [CPR] Program." These broad-based statistical surveys solicit from domestic corporations information on financial performance, value of shipments, net manufacturing activities, and significant acquisitions and disposals. The LB and CPR survey orders were issued to hundreds of corporations, mostly giant conglomerates. Predictably, the corporations resisted the report requirements. The inevitable result of this dispute over the LB and CPR …
Misprision Of Antitrust Felony, Robert J. Hoerner
Misprision Of Antitrust Felony, Robert J. Hoerner
Cleveland State Law Review
When an attorney discovers clear evidence that his corporate client has committed an antitrust felony, he and his client are immediately confronted with an interrelated tangle of extraordinarily difficult questions. There has been much concern over these questions, particularly since violation of sections 1, 2 and 3 of the Sherman Act became indictable as felonies on December 21, 1974. Little has been written, however, on the misprision issue. Antitrust practitioners are not ordinarily trained in the contours of 18 U.S.C. § 4, the federal misprision statute. Our criminal practice is typically in rarified and antiseptic economic fields, and does not …
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Cleveland State Law Review
This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.
Misprision Of Antitrust Felony, Robert J. Hoerner
Misprision Of Antitrust Felony, Robert J. Hoerner
Cleveland State Law Review
When an attorney discovers clear evidence that his corporate client has committed an antitrust felony, he and his client are immediately confronted with an interrelated tangle of extraordinarily difficult questions. There has been much concern over these questions, particularly since violation of sections 1, 2 and 3 of the Sherman Act became indictable as felonies on December 21, 1974. Little has been written, however, on the misprision issue. Antitrust practitioners are not ordinarily trained in the contours of 18 U.S.C. § 4, the federal misprision statute. Our criminal practice is typically in rarified and antiseptic economic fields, and does not …