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Articles 1 - 22 of 22
Full-Text Articles in Law
Jefferson County Pharmaceutical Association. V. Abbott Laboratories, Lewis F. Powell Jr.
Jefferson County Pharmaceutical Association. V. Abbott Laboratories, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande
Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande
All Faculty Scholarship
Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.
The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.
To …
Antitrust - Municipalties And The State Action Exemption Of The Sherman Antitrust Act - Community Communications Co. V. City Of Boulder, Charlene Robb Pierce
Antitrust - Municipalties And The State Action Exemption Of The Sherman Antitrust Act - Community Communications Co. V. City Of Boulder, Charlene Robb Pierce
Mississippi College Law Review
No abstract provided.
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Law Faculty Scholarly Articles
The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.
This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …
Municipalities And The Antitrust Laws: Home Rule Authority Is Insufficient To Ensure State Action Immunity, David J. White
Municipalities And The Antitrust Laws: Home Rule Authority Is Insufficient To Ensure State Action Immunity, David J. White
Vanderbilt Law Review
This Recent Development first considers the evolution of the Parker doctrine in a variety of contexts-with special attention to the Supreme Court's decision in Lafayette and the Court's rationale in Boulder. After discussing the recent lower federal court decisions that based the availability of the Parker exemption upon the existence of general home rule authority under the respective state's constitution, this Recent Development examines the problems posed by the Boulder decision for cities and states contemplating economic regulation tailored to particular local concerns. This Recent Development then analyzes the competing policy interests in the question of a home rule municipality's …
Government Supports United States Exporters, Jon H. Sylvester, Anthony F. Essaye
Government Supports United States Exporters, Jon H. Sylvester, Anthony F. Essaye
Publications
The latest addition to the US law of international trade, the Export Trading Company Act of 1982 (the Act), was passed by Congress with a claim that it will put US exporters on more competitive footing with their foreign counterparts.
Extraterritorial Impact Of The United States Antitrust And Commercial Bribery Considerations, James G. Park
Extraterritorial Impact Of The United States Antitrust And Commercial Bribery Considerations, James G. Park
Penn State International Law Review
Historically, the United States has sought to impose its moralistic values extraterritorially. Our antitrust laws and the Foreign Corrupt Practices Act are two well-known examples. Thus, in making the determination to engage in investment in the United States, a foreign entity must consider not only the more publicized restrictions of the Sherman Act and the Clayton Act on its activity within the borders of this country, but also be concerned with the extraterritorial impact of the United States' antitrust laws and the extent to which the decision to invest in the United States may create exposire under United States antitrust …
Antitrust Consideration In Making Investment In The United States, Thomas L. Vankirk
Antitrust Consideration In Making Investment In The United States, Thomas L. Vankirk
Penn State International Law Review
The antitrust laws of the United States have taken on an increasingly significant role with regard to acquisitions and investments generally, and must be taken into consideration by a foreign investor interested in making foreign investments in the United States. Where the requisite contracts exist to establish subject matter jurisdiction, the antitrust laws of the United States will be applied to all proscribed acts regardless of the nationality of the participants. It is clear that most foreign investment in the United States constitutes the requisite minimum contacts required for jurisdiction.
There are two primary antitrust areas which should be addressed …
Foreign Statutory Response To Extraterritorial Application Of U.S. Antitrust Laws, John Cannon Iii
Foreign Statutory Response To Extraterritorial Application Of U.S. Antitrust Laws, John Cannon Iii
Penn State International Law Review
This comment will outline the international response to extraterritorial application of United States antitrust law, focusing primarily on foreign statutory enactments. Following a brief review of United States antitrust legislation, American case law will be analyzed. The next section of the inquiry will consist of an examination of the so-called "blocking statutes" of eight major United States trading partners. Finally, alternative solutions to the conflict will be outlined.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
A Cargo Container Used to Ship Packaged Units is not a "Package" for Purposes of Limiting the Carrier's Liability for Loss under COSGA
Exemption from Compulsory Military Service will not Act as a Bar to Citizenship for an Alien if the Classification was later Changed to Make Him Eligible to Serve
Indeterminate Detension of an Excludable Alien in a Maximum Security Prison, Pending Unforeseeable Deportation, violates International Law
Patentholders do not Violate Antitrust Laws by Licensing only Foreign Patents even though the Patent Dependency created Limits Domestic Competition
Arbitral Tribunal lacks Jurisdiction to Hear the Claims of a Corporation Qualifying …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
International Regulation of Internal Resources By Mahnoush H. Arsanjani Charlottesville: University Press of Virginia,1981. Pp. 558. $37.50.
ANTITRUST AND AMERICAN BUSINESS ABROAD By James R. Atwood and Kingman Brewster, 2nd ed. Colorado Springs: Shepard's/Mc-Graw-Hill, 1981. Pp. 359 and 355.
FAMILY VIOLENCE: AN INTERNATIONAL AND INTERDISCIPLINARY STUDY By John M. Eekelar and Sanford N. Katz Toronto: Butterworth's, 1978. Pp. 572.
THE ARAB STATES AND THE PALESTINE CONFLICT By Barry Rubin Syracuse: Syracuse University Press, 1981. Pp. 298. $22.00.
THE KURDISH QUESTION IN IRAQ By Edmund Ghareeb Syracuse: Syracuse University Press, 1981. Pp. 223. $22.00.
THE CAMBRIDGE LECTURES Edited by Derek Mendes …
Symposium Introduction, Terry Calvani
Symposium Introduction, Terry Calvani
Vanderbilt Journal of Transnational Law
This Symposium issue of the Vanderbilt Journal of Transnational Law presents a collection of excellent articles on current antitrust law and United States international trade practices by some of the most knowledgeable scholars in the field, all of whom possess not only superb academic credentials but also a wealth of experience in international antitrust practice. Wilbur Fugate, former chief of the Foreign Commerce Section of the Antitrust Division and a distinguished author on antitrust and foreign commerce, opens the Symposium by examining the Webb-Pomerene Act" in light of the very recently enacted Export Trading Company Act of 1982...
The Symposium …
The Export Trade Exception To The Antitrust Laws: The Old Webb-Pomerene Act And The New Export Trading Company Act, Wilbur L. Fugate
The Export Trade Exception To The Antitrust Laws: The Old Webb-Pomerene Act And The New Export Trading Company Act, Wilbur L. Fugate
Vanderbilt Journal of Transnational Law
This Article discusses the history of the Webb Act as a prelude to a discussion of the new legislation. Because the standards in the new Export Act are similar to those in the Webb Act, the precedents under the Webb Act will remain important for interpreting the new legislation. Furthermore, a review of the Webb Act and of the alternatives proposed over the years gives an insight into the reasoning behind having an export exception to the antitrust laws... This Article will examine the Webb Act and its operation; the courts' treatment of the Webb Act; the manifold suggestions and …
Book Review, Joel Davidow (Reviewer)
Book Review, Joel Davidow (Reviewer)
Vanderbilt Journal of Transnational Law
Book Review
Antitrust and American Business Abroad James Atwood and Kingman Brewster 2d ed. New York: McGraw-Hill Publishing Co., 1981. Two-volume text. Pp. 359 and 355.
Reviewed by Joel Davidow
International antitrust is one of the gourmet specialties on the menu of United States law. The combination of competition law, international law, and patent law, spiced with complex diplomatic and trade issues as well as a dash of foreign flavor, is irresistible to the connoisseur. The proof: even though few law schools offer a separate course in international antitrust law and few lawyers deal with the subject regularly, articles, hornbooks, …
Updating The Antitrust Guide On International Operations, Eleanor M. Fox
Updating The Antitrust Guide On International Operations, Eleanor M. Fox
Vanderbilt Journal of Transnational Law
Since the enactment of the antitrust laws, policy makers, scholars, and business executives have debated whether the United States antitrust laws chill export and investment abroad. The terms of the debate have not changed significantly for more than a decade. The law and the government's enforcement policies, however, have changed. Since the United States Department of Justice issued its Guide on Antitrust and International Operations (Guide) on January 26, 1977, law and enforcement policy have become more hospitable to private business decisions that would increase exports and foreign investment.
This Article attempts to update the Guide. It is confined largely …
Tracing An Antitrust Injury In Secondary Line Price Discrimination Cases, Amy A. Marasco
Tracing An Antitrust Injury In Secondary Line Price Discrimination Cases, Amy A. Marasco
Fordham Law Review
No abstract provided.
International Antitrust Policy And The 1982 Acts: The Continuing Need For Reassessment, Barry E. Haw
International Antitrust Policy And The 1982 Acts: The Continuing Need For Reassessment, Barry E. Haw
Fordham Law Review
No abstract provided.
A Standard Of Reason In Eec Antitrust Law: Some Comments On The Application Of Parts 1 And 3 Of Article 85, Ben Van Houtte
A Standard Of Reason In Eec Antitrust Law: Some Comments On The Application Of Parts 1 And 3 Of Article 85, Ben Van Houtte
Northwestern Journal of International Law & Business
In this article, Mr. Van Houtte outlines the basic provisions for antitrust enforcement in the European Economic Community, and comments on the current standards utilized by the European Commission in application of these laws. He advocates movement toward a more equalized balance of the theory behind the antitrust laws and adequate enforcement of those provisions. To achieve that balance, Mr. Van Houtte favors the use of a "standard of reason" in Article 85(1) cases, and increased emphasis on the public interest in analyses performed under Article 85(3).
The Impact Of United States Antitrust Law On The Balance Of Trade, David N. Goldsweig, Kenneth D. Enborg, Thomas F. Walton
The Impact Of United States Antitrust Law On The Balance Of Trade, David N. Goldsweig, Kenneth D. Enborg, Thomas F. Walton
Vanderbilt Journal of Transnational Law
This Article explores the underlying propositions that the United States antitrust agencies have created a barrier to the export of United States industrial goods or have impeded their domestic manufacture with respect to this nation's major trading partners. We conclude that neither proposition is well supported by solid evidence, although improved cooperation among Government and business and a less litigious climate are desirable in this area as well as all other industry-government relations." This Article first considers the impact of antitrust enforcement on the export or overseas distribution stage of United States domestic producers and then turns to the effect …
Comity And Computers In The Common Market: The Ibm Case, Terrance L. Bessey
Comity And Computers In The Common Market: The Ibm Case, Terrance L. Bessey
Northwestern Journal of International Law & Business
This note will surey the law of the Community and its member states, United States law, and international law. The factual aspects of the EEC case against IBM which highlight the tensions underlying the comity question in international antitrust will also be explored. Before turning to these issues, however, the historical and theoretical context of the comity question in international antitrust will be examined.
Antitrust Boycott Analysis Applied To A Harness Racing Association, A. Vernon Carnahan, David S. Versfelt
Antitrust Boycott Analysis Applied To A Harness Racing Association, A. Vernon Carnahan, David S. Versfelt
Kentucky Law Journal
No abstract provided.
"Entrenchment" Under Section 7 Of The Clayton Act: An Approach For Analyzing Conglomerate Mergers, Lawrence Hellman
"Entrenchment" Under Section 7 Of The Clayton Act: An Approach For Analyzing Conglomerate Mergers, Lawrence Hellman
Lawrence K. Hellman
No abstract provided.