Law Commons^™

Purging The Misuse - Suggestions For A Reasonable Balance Of Conflicting Policies, Alan J. Statman

William & Mary Law Review

No abstract provided.

Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock

West Virginia Law Review

No abstract provided.

Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold

William & Mary Law Review

No abstract provided.

It Once Again Takes Two To Tango: Great Atlantic & Pacific Tea Co. V. F.T.C., Paul J. Galanti

William & Mary Law Review

No abstract provided.

Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee

Vanderbilt Law Review

This Article examines the Supreme Court's attempts to foster open markets by altering either the structure or the conduct of mass media enterprises." Structure and conduct are the two main determinants of market performance. Market structure "means those characteristics of the organization of a market that seem to exercise a strategic influence on the nature of competition and pricing within the market." Some characteristics of market structure include degree of buyer concentration, degree of seller concentration, degree of product differentiation, and entry conditions. Market conduct, on the other hand, comprises the practices, policies, and devices which firms employ in adjusting …

Antitrust: Shared Information Between The Ftc And The Department Of Justice, Judy Beckner Sloan

BYU Law Review

No abstract provided.

Community Antenna Television And The Law, Sheila Tabron

North Carolina Central Law Review

No abstract provided.

The Antitrust Consequences Of Manufacturer-Suggested Retail Prices—The Case For Presumptive Illegality, William R. Andersen

Washington Law Review

A manufacturer's suggestion of resale prices to dealers is an example of price-affecting conduct which is said to create no antitrust liability despite the fact that liability would result from identical conduct if the parties were horizontally related. This article argues that permitting parties to tamper with the price term in any fashion risks contravention of the policies behind the antitrust laws, and that making the antitrust consequence turn on whether the parties appear to be related vertically or horizontally is not an intelligible way of minimizing that risk. In conclusion it is recommended that suggested prices should be presumptively …

Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii

Vanderbilt Law Review

Professor Suzanne Weaver's first book, Decision To Prosecute: Organization and Public Policy in the Antitrust Division, is a study of the Antitrust Division of the Department of Justice, its institutional behavior and its mechanisms for public policy formation.Although Professor Weaver's audience is not limited to the legal community, Decision To Prosecute will stimulate in two ways the interest of antitrust students, scholars, and practitioners. On one level, the reader will learn something about the internal operations of the Antitrust Division, and may reconsider his preformed judgments about that influential, trenchant branch of the Justice Department.

Conflicting Interpretations Of The Sherman Act's Jurisdictional Requirement, Robert D. Eckinger

Vanderbilt Law Review

Over the past fifty years, plaintiffs have called upon the federal judiciary to deal with antitrust disputes of an increasingly local nature. Although the courts have responded by generally broadening the range of activities which satisfy the substantive elements of the Sherman Act, their approach to the jurisdictional requirement of the statute has been far from consistent. As a matter of statutory construction, this inconsistency, when compared to the expansive jurisdictional approach applied to other statutes based on the commerce clause, is not justified, at least in the absence of a congressional intention to limit the reach of the Sherman …

The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.

William & Mary Law Review

No abstract provided.

Recent Judicial Efforts To Reconcile The Robinson-Patman Act With The Sherman Act, Paul H. Larue

Washington and Lee Law Review

No abstract provided.

Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits

Michigan Law Review

A Review of The Antitrust Paradox: A Policy at War with Itself by Robert H. Bork

The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill

West Virginia Law Review

Sharply heightened attention is currently being paid to antitrust enforcement at the state level. In 1976, Congress appropriated approximately $30,000,000 in federal funds to the states for the maintenance of antitrust actions and other programs. A fertile field is being made available for the expenditure of these funds by the focus of the federal antitrust enforcement agencies on the larger structural cases with a corresponding decline in enforcement actions against "routine" practices. In this climate, the opportunities for state actions are extremely favorable, especially in light of the generally high political marks to be achieved by state Attorneys General, who …

Summary Judgements In Antitrust Conspiracy Litigation, C. Paul Rogers Iii

Loyola University Chicago Law Journal

No abstract provided.

Mens Rea And Felony Violations Under The Sherman Act, Jan Loughlin

Loyola University Chicago Law Journal

No abstract provided.

Reed U. Wiser: Aviation - Warsaw Convention - Liability Of Carrier's Employees, Victoria A. Steffen

Maryland Journal of International Law

No abstract provided.

Rate Base Evaluation And Vertical Integration: Shifting Standards In Telephone Regulation, James Mcconnaughey, Manley R. Irwin

Indiana Law Journal

No abstract provided.

The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North

Northwestern Journal of International Law & Business

The United States and the United Kingdom are presently completing negotiations on an accord that will providefor the reciprocal recognition and enforcement of civil judgments. The negotiations have been the subject of considerable debate, the sharpest criticism being expressed by British exporters who fear that recognition of United States judgments in the United Kingdom will subject them to increased antitrust and products liability claims. Through an analysis of theproposed agreement against the existing statutory and common law rules, Commissioner North addresses these criticisms. He concludes that the additional burden of American judgments on English defendants created by the agreement does …

Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles

University of Richmond Law Review

An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.

Fimex Corp. V. Barmatic Products Co.: Robinson-Patman Act - Application To Goods Purchased For Resale Abroad, David Salem

Maryland Journal of International Law

No abstract provided.

Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner

Vanderbilt Journal of Transnational Law

A look back at the last thirty years of United States antitrust's foreign "voyages of discovery" among friendly nations reveals a picture too often resembling not so much an era of good feeling as a thirty years war. Following hard upon Judge Hand's famous formulation of the "effects" doctrine in Alcoa in 1946 the Antitrust Division conducted a series of investigations in which compulsory process was used to seek documents located in foreign nations. Prodded by what they viewed as U.S. antitrust authorities' impermissible overreaching, the affected countries began to enact defensive "blocking statutes." The passage by Canada's Ontario Province …

Antitrust Law Of The European Economic Community - An Interpretation Of Articles 85 And 86 Of The Treaty Of Rome, Susan Sugar Nathan

Maryland Journal of International Law

No abstract provided.

Trademarks, Antitrust And The Federal Trade Commission, 13 J. Marshall L. Rev. 151 (1979), J. Thomas Mccarthy

UIC Law Review

No abstract provided.

Contribution In Antitrust Damage Actions, Robin Stone Sellers

Villanova Law Review

No abstract provided.

Annual Survey Of Antitrust Developments 1977-1978 , Daniel A. Carrell

Washington and Lee Law Review

No abstract provided.

Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax

Vanderbilt Journal of Transnational Law

ACT OF STATE DOCTRINE-ACT OF STATE DOCTRINE DOES NOT PRECLUDE ADJUDICATION OF ANTITRUST CLAIM INVOLVING ALLEGED FRAUDULENT PROCUREMENT OF FOREIGN PATENTS

Gayle B. Carlson

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ADMIRALTY-DAMAGES FOR WRONGFUL DEATH ON THE HIGH SEAS ARE LIMITED TO PECUNIARY LOSS

Michael P. Coury

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ANTITRUST-E.E.C. TREATY-JOINT VENTURE AGREEMENT THAT OPERATES TO PRECLUDE ENTRY INTO A GEOGRAPHIC MARKET IS PROHIBITED UNDER ARTICLE 85 OF THE E.E.C. TREATY

Celia J. Collins

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CONSTITUTIONAL LAW-TEAS STATUTE'S DENIAL OF FREE EDUCATION TO ILLEGAL ALIENS VIOLATES EQUAL PROTECTION CLAUSE AND IS PREEMPTED BY THE IMMIGRATION AND NATIONALITY ACT

Spencer M. Sax

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SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITIES ACT …

City Of Lafayette, Louisiana V. Louisiana Power & Light Co.: Will Municipal Antitrust Liability Doom Effective State-Local Government Relations?

Washington and Lee Law Review

No abstract provided.

Department Of Justice Opinion Letter, Patricia M. Wald

Vanderbilt Journal of Transnational Law

The Department of Justice supports the main purpose of these bills, that is, expeditious exposure of, and effective opposition to, secret cartel arrangements supported by foreign governments that cause direct injury in U. S. commerce. The Department of Justice also welcomes support for accelerated efforts toward international resolution of restrictive anticompetitive business practices. However, the Department, for the reasons stated above, recommends against enactment of H.R. 13921 and H.R. 13922 in their present forms.

We do believe the continued exploration and discussion of the need for enactment of a reporting requirement for foreign, governmentally-involved, cartels would be worthwhile. We have …

The Cartel Restriction Act Of 1979: Response To A Global Economic Problem, Albert Gore, Jr.

Vanderbilt Journal of Transnational Law

The potential for workable cartels presently exists in several commodities, and host-countries and multinationals have already initiated or attempted cartel activities in minerals and agricultural goods. The recent success of the OPEC cartel was a significant factor influencing the formation of the uranium cartel by easing corporate and governmental inhibitions against cartel activities. Given the increasing exploitative attitude among developed countries and what has been termed the "irrational solidarity" among developing countries, it is not unreasonable to expect more imitations of OPEC success wherever market conditions would allow a group of producers to extract monopoly rents from consuming nations. Such …