Law Commons^™

The Rise And (Coming) Fall Of Efficiency As The Ruler Of Antitrust, Robert H. Lande

All Faculty Scholarship

The debate over the legitimate goals of antitrust is ceaseless and its practical resolution influenced by politics. The answer often given in the past, and particularly during the Warren Court era when a heavy emphasis was placed on social and political factors, contrasts sharply with the consensus view during the Reagan Administration that only economic efficiency counts. Since antitrust moves in cycles, a natural question arises—will antitrust continue to stand upon a foundation of efficiency, return to the old social and political perspective, or embrace some third view of its proper direction?

Judicial Activism, Economic Theory And The Role Of Summary Judgment In Sherman Act Conspiracy Cases: The Illogic Of Matsushita, James F. Ponsoldt, Marc J. Lewyn

Scholarly Works

The proper role of neoclassical economic theory in the resolution of antitrust disputes will continue to be debated into the next administration. The Reagan Administration has succeeded in persuading the Supreme Court to incorporate laissez-faire assumptions and goals into Sherman and Clayton Antitrust Acts jurisprudence in at least three major decisions, although the long-range importance of the holdings in two of those cases remains somewhat in doubt.

One of those decisions, however, reflects more than just a disagreement about application is of the antitrust laws. In Matsushita, the Court, ordering summary judgment for defendants at the urging of the Justice …

Introduction: A Retrospective Examination Of The Reagan Years, James F. Ponsoldt

Scholarly Works

The Antitrust Bulletin and its readers are fortunate to receive the views of the distinguished contributors to this two-issue symposium, and to receive those views in 1988, potentially a watershed year in antitrust, rather than several years earlier. Some of the authors focus upon particular antitrust issues, whereas others have chosen to take a broader view of the Reagan Administration's efforts and impact on antitrust. The articles reflect some differences of opinion, of course. The symposium as a whole, however, is marked by the recognition that the most suitable antitrust policy must balance government intervention, on the one hand, with …

A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Panel Discussion On Self-Regulation, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Workable Antitrust Law: The Statutory Approach To Antitrust, Thomas Arthur

Faculty Articles

This Article will demonstrate the superiority of the statutory approach for producing more stable and consistent antitrust law. Part I details the development of the constitutional approach to antitrust, demonstrating how the rise of the pragmatic and instrumentalist view of law led to the displacement of the original statutory approach to antitrust. Part II illustrates that the constitutional approach fundamentally cannot produce workable antitrust law. It summarizes both the doctrinal disarray that continues to plague each major area of antitrust law and the irreconcilable policy prescriptions of the contending antitrust "schools." Part III presents an alternative, statutory approach to antitrust …

Antitrust And The Challenge Of Internationalization, David J. Gerber

All Faculty Scholarship

No abstract provided.

Private Information And The Deterrent Effect Of Antitrust Damage Remedies, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Argentine, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.

National Cooperative Research Act Of 1984: Cartelism For High-Tech Ventures (And Others?), John A. Maher, Nancy J. Lamont

Penn State International Law Review

The National Cooperative Research Act of 1984 (NCRA), emerged as Congress' response to concern that "antitrust laws" were obstructing successful American participation in joint research and development ventures. Among the most salient and curious features of the Act are its inclusive-exclusive language, its therapies, its "rule of reason" and its limited liability provisions. While NCRA is a domestic act, it has wide reaching international implications. Effective exploitation of NCRA's benefits, by foreign investors as well as American investors, depends upon an understanding of what activities fall within its scope and how its features operate.

Book Reviews: "Antitrust Law And Economics": Responding To An Ivory Tower Critique, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Picketing Outside Foreign Embassies is Protected Speech Under the First Amendment and Restrictions on this Speech Must Serve a Compelling Government Interest and be Narrowly Tailored to the Specific Situation--Boos v. Barry, 108S.Ct. 1157 (1988).

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Notions of Comity and the Act of State Doctrine Preclude U.S. Federal Courts from Exercising Jurisdiction over the Actions of Foreign Corporations when Those Actions Constitute a Violation of U.S. Antitrust Laws but are Protected by Legislation in a Foreign Country--O.N.E. Shipping Ltd. v. Flota Mercante Grancolombiana, S.A., 830 F.2d 449 (2d Cir.1987).

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Case Digest

Materiality Standard for Concealment or Misrepresentation under Immigration and Nationality Act § 1451(a) is Sufficient to Influence an Immigration and Naturalization Service Decision; The Test of Good Moral Character under § 1101(f)(6) Does Not Require a Finding of Materiality for any False Testimony --Kungys v. United States, 108 S. Ct. 1537 (1988)

The Broad Subpoena Power of the Immigration and Naturalization Service does not Authorize Issuance of a Blanket John Doe Subpoena to Gather Information Regarding Unidentified Aliens--Peters v. United States, 853 F.2d 692 (9th Cir.1988)

Routine Strip Searches of Detained Juvenile Aliens Violate Juveniles' Fourth Amendment Rights--Flores …

"Sovereign" State Policy And State Action Antitrust Immunity, John F. Hart

Fordham Law Review

No abstract provided.

The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Attorneys’ Fees In Antitrust Litigation: Making The System Fairer, Edward D. Cavanagh

Fordham Law Review

No abstract provided.

Antitrust In Today's World Economy, Barry Hawk

Faculty Scholarship

No abstract provided.

Antitrust Synthesis, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Per Se Legality Of Vertical Restraints: Contested In America -- Not Debated In Germany: Search For Reasons And Comparison, Rainer F. Hildebrandt

LLM Theses and Essays

The approach towards vertical restraints depends heavily on the outcome of the "battle for the soul of antitrust". Therefore, to make the implications of the dispute more comprehensible, this study necessarily has to prefer to the basics of antitrust policy such as legislative history and political underpinnings. The second chapter addresses the underlying values of American and German antitrust laws and compares the concepts chosen to protect these values. Based on these foundations, chapter three evaluates resale price maintenance. In chapter four, the Supreme Court's judgment in Business Electronics Corp. v. Sharp Electronics Corp. is analyzed according to the GWB …