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Full-Text Articles in Antitrust and Trade Regulation
The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust, Rebecca Haw Allensworth
The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust, Rebecca Haw Allensworth
Vanderbilt Law School Faculty Publications
It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the antitrust agencies, the Federal Trade Commission ("FTC") and the Antitrust Division of the Department of Justice ("DOJ"), rarely issue guidelines, and even more rarely issue rules or regulations, very little antitrust law is handed down from on high. Instead, circuits split, and lower courts must muddle through new antitrust problems by finding analogies in technologically and socially obsolete precedents. When faced with this …
Accommodating The Law And Economics Of Price Cutting: The Vice Or Virtue Of Low Prices, Joel J. Finer
Accommodating The Law And Economics Of Price Cutting: The Vice Or Virtue Of Low Prices, Joel J. Finer
Vanderbilt Law Review
Although the interpretation and application of the federal antitrust laws are replete with paradoxes, inconsistencies, and seemingly conflicting premises, few situations illustrate the contradictory nature of federal policy toward industrial structure and business behavior as dramatically as the Justice Department's rejection of General Electric's proposed decree. For example, one primary objective of the Sherman Act is to prevent practices that tend to restrict output and raise prices, and price-fixing agreements are illegal per se because it is unreasonable to believe that they have any beneficial results. Many industries exhibit a high degree of concentration that enables a few firms to …
Antitrust And The Newspapers -- A Comment On S. 1312, John J. Flynn
Antitrust And The Newspapers -- A Comment On S. 1312, John J. Flynn
Vanderbilt Law Review
The American newspaper industry, often called "The Fourth Estate," apparently believes it has fallen on hard times. The aristocrats of the Fourth Estate, the daily newspapers, came to the Ninetieth Congress seeking a boon: relaxation of the rigors of antitrust policy as applied to mergers and joint agency operations by otherwise competing newspapers. A bill has been introduced, S. 1312, which is sponsored by fifteen Senators of diverse political and economic views, all save one having one thing in common-the presence of newspaper joint agency operations in their home states.' The very fact that Senators of such conflicting viewpoints could …