Law Commons^™

Competition At The Teller's Window?: Altered Antitrust Standards For Banks And Other Financial Institutions, Joseph P. Bauer, Earl W. Kintner

Joseph P. Bauer

Congressional and judicial attitudes towards the banking industry have reflected two, sometimes conflicting, goals-the maintenance of the solvency of financial institutions to protect the interests of depositors, other creditors and the economy at large; and the promotion of competition among these institutions and in the economy. The advancement of these goals has been reflected in the application of the antitrust laws to the industry. For the most part, the Sherman and Clayton Acts apply with the same force and scope to financial institutions as to other industries. In some cases, however, the goal of institutional protection is favored, and the …

A Simplified Approach To Tying Arrangements: A Legal And Economic Analysis, Joseph P. Bauer

Joseph P. Bauer

Few types of antitrust conduct have received as much treatment from the Supreme Court as tying arrangements. This practice, which is unlawful per se when certain prerequisites are met, may be defined as an agreement by a party to sell one product [the tying product] but only on the condition that the buyer also purchases different (or tied) product, or at least agrees that he will not purchase that product from any other supplier. Notwithstanding this extensive Supreme Court attention, there is as much heat as light in this area. The doctrine that has developed is often unpredictable and frequently …

Challenging Conglomerate Mergers Under Section 7 Of The Clayton Act: Today's Law And Tomorrow's Legislation, Joseph P. Bauer

Joseph P. Bauer

Federal antitrust enforcement has undergone a radical transformation in the past decade. The change in enforcement patterns has been most noticeable in the area of merger law. The magnitude of this shift, the confusion that has characterized the case law accompanying it, and the increasing prominence of conglomerate mergers as a means to corporate expansion form the basis for this article. The primary source for regulation of mergers under the antitrust laws is section 7 of the Clayton Act, which proscribes those corporate acquisitions “where in any line of commerce in any section of the country, the effect of such …

A Sight For Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 Of The Clayton Act, Ryan Moore

Seventh Circuit Review

In order to hail a defendant into federal court, a plaintiff must establish personal jurisdiction and venue. Under general principles of federal law, personal jurisdiction is proper whenever the defendant would be amenable to suit under the laws of the state in which the federal court sits. And venue is proper in any district where the defendant "resides" (i.e., is subject to personal jurisdiction). Section 12 of the Clayton Act, however, supplements these general principles. It has a liberal service-of-process provision that allows personal jurisdiction in any federal district court in the nation. But venue is proper only in the …

Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary Shaw

Gary M. Shaw

No abstract provided.

Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary Shaw

Gary M. Shaw

No abstract provided.

A Response To Commissioner Wright's Proposed Policy Statement Regarding Unfair Methods Of Competition, Maurice Stucke

Scholarly Works

Federal Trade Commissioner Joshua Wright recently proposed a new legal standard to evaluate “unfair methods of competition” under Section 5 of the Federal Trade Commission Act, 15 U.S.C. 45(a) (2012).

This essay raises several concerns. First, Wright’s proposed legal standard does not go as far as Congress intended. Moreover it conflates unfair methods of competition with acts and practices that significantly harm consumer welfare. A second concern is that the proposed legal standard goes the other direction and permits conduct that is otherwise illegal under the Sherman and Clayton Acts. Third, the proposed standard reduces accuracy, is hard to administer …

From Microsoft To Google: Intellectual Property, High Technology, And The Reorientation Of U.S. Competition Policy And Practice, William E. Kovacic

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Pay-To-Play: The Impact Of Group Purchasing Organizations On Drug Shortages, Christian Deroo

American University Business Law Review

No abstract provided.

Section 5 And The Innovation Curve, Daniel A. Crane

Book Chapters

the ftc’s authority to use Section 5 of the FTC Act to reach anticompetitive conduct that would not be illegal under the Sherman or Clayton Acts has been much discussed in recent years, particularly in conjunction with the FTC’s enforcement action against Intel. As of this writing, a Section 5 action against Google seems imminent.

Antitrust Law And Economic Theory: Finding A Balance, Edward D. Cavanagh

Faculty Publications

Over the past forty years, the federal courts have relied more and more on economic theory to inform their antitrust analyses. Economic theory has indeed provided guidance with respect to antitrust issues and assisted the courts in reaching rational outcomes. At the same time, infusion of economic evidence into antitrust cases has made these cases more complex, lengthier, more expensive to litigate, and less predictable.

This Article argues that courts need to restore the balance between facts and economic theory in undertaking antitrust analysis. The problem is not that judges and juries cannot reach good outcomes in antitrust cases, but …