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Full-Text Articles in Antitrust and Trade Regulation
The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims, Gabrielle J. Hanna
The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims, Gabrielle J. Hanna
Washington Law Review
The doctrine of parens patriae allows state attorneys general to represent state citizens in aggregate litigation suits that are, in many ways, similar to class actions and mass-tort actions. Its origins, however, reflect a more modest scope. Parens patriae began as a doctrine allowing the British king to protect those without the ability to protect themselves, including wards and mentally disabled individuals. The rapid expansion of parens patriae standing in the United States may be partly to blame for the relative absence of limiting requirements or even well-developed case law governing parens patriae suits. On the one hand, class actions …
Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon
Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon
Washington Law Review
Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme …
Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon
Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon
Washington Law Review
Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme …
Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon
Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon
Washington Law Review
The Federal Trade Commission issued a cease and desist order under section two of the Clayton Act against petitioner, a manufacturer and distributer of plumbing supplies and equipment having 5.75 per cent of the national market. The gravamen of the FTC prosecution was price discrimination in the allowing by petitioner of a ten per cent price discount on "truck load" orders of its products. Petitioner requested the FTC to stay the cease and desist order until the FTC had investigated and instituted enforcement proceedings against the entire plumbing fixture industry. Petitioner alleged that enforcement of the order would put it …