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Full-Text Articles in Antitrust and Trade Regulation
Alternative Approaches To Municipal Antitrust Liability, Martin Cronin
Alternative Approaches To Municipal Antitrust Liability, Martin Cronin
Fordham Urban Law Journal
This Comment argues that preemption analysis, applied when federal statutes conflict with state or municipal enactments, should be used by the courts in applying the Parker doctrine to municipalities. Alternatively, this Comment advocates a qualified municipal exemption from the antitrust laws. Since municipalities receive less federal deference than states, this exemption should not be coextensive with that enjoyed by states under the Parker doctrine. However, the preferential treatment that municipalities receive in our federalist system as compared to private parties mandates formulation of a municipal exemption. Constitutional and practical difficulties encountered under substantive antitrust law, and at the remedies stage, …
Competitive Process And Gray Market Goods, The , Jacqueline Nolan-Haley
Competitive Process And Gray Market Goods, The , Jacqueline Nolan-Haley
Faculty Scholarship
Although it has the appearance of benefiting the consumer, the phenomenon of gray market goods is, for the most part, a species of unfair competition. Where an exclusive distribution contract between foreign and domestic entities enhances interbrand competition and satisfies a rule of reason analysis, it should be considered a protectable property interest. There is little justification for permitting gray market imports to interfere with that interest by taking advantage of the good will associated with the distribution, marketing, warranties and servicing provided by the United States distributor. The antitrust goal of promoting long-run consumer interests is not advanced by …