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Antitrust and Trade Regulation Commons™
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Articles 1 - 30 of 56
Full-Text Articles in Antitrust and Trade Regulation
Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock
Gypsum Intent And Felonious Conspiracies Under Section 1 Of The Sherman Act: U.S. V. Gillen, Larry W. Blalock
West Virginia Law Review
No abstract provided.
It Once Again Takes Two To Tango: Great Atlantic & Pacific Tea Co. V. F.T.C., Paul J. Galanti
It Once Again Takes Two To Tango: Great Atlantic & Pacific Tea Co. V. F.T.C., Paul J. Galanti
William & Mary Law Review
No abstract provided.
Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold
Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold
William & Mary Law Review
No abstract provided.
Purging The Misuse - Suggestions For A Reasonable Balance Of Conflicting Policies, Alan J. Statman
Purging The Misuse - Suggestions For A Reasonable Balance Of Conflicting Policies, Alan J. Statman
William & Mary Law Review
No abstract provided.
Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee
Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee
Vanderbilt Law Review
This Article examines the Supreme Court's attempts to foster open markets by altering either the structure or the conduct of mass media enterprises." Structure and conduct are the two main determinants of market performance. Market structure "means those characteristics of the organization of a market that seem to exercise a strategic influence on the nature of competition and pricing within the market." Some characteristics of market structure include degree of buyer concentration, degree of seller concentration, degree of product differentiation, and entry conditions. Market conduct, on the other hand, comprises the practices, policies, and devices which firms employ in adjusting …
Antitrust: Shared Information Between The Ftc And The Department Of Justice, Judy Beckner Sloan
Antitrust: Shared Information Between The Ftc And The Department Of Justice, Judy Beckner Sloan
BYU Law Review
No abstract provided.
Community Antenna Television And The Law, Sheila Tabron
Community Antenna Television And The Law, Sheila Tabron
North Carolina Central Law Review
No abstract provided.
Andus V. Allard, Lewis F. Powell Jr.
California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr.
California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Conflicting Interpretations Of The Sherman Act's Jurisdictional Requirement, Robert D. Eckinger
Conflicting Interpretations Of The Sherman Act's Jurisdictional Requirement, Robert D. Eckinger
Vanderbilt Law Review
Over the past fifty years, plaintiffs have called upon the federal judiciary to deal with antitrust disputes of an increasingly local nature. Although the courts have responded by generally broadening the range of activities which satisfy the substantive elements of the Sherman Act, their approach to the jurisdictional requirement of the statute has been far from consistent. As a matter of statutory construction, this inconsistency, when compared to the expansive jurisdictional approach applied to other statutes based on the commerce clause, is not justified, at least in the absence of a congressional intention to limit the reach of the Sherman …
Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii
Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii
Vanderbilt Law Review
Professor Suzanne Weaver's first book, Decision To Prosecute: Organization and Public Policy in the Antitrust Division, is a study of the Antitrust Division of the Department of Justice, its institutional behavior and its mechanisms for public policy formation.Although Professor Weaver's audience is not limited to the legal community, Decision To Prosecute will stimulate in two ways the interest of antitrust students, scholars, and practitioners. On one level, the reader will learn something about the internal operations of the Antitrust Division, and may reconsider his preformed judgments about that influential, trenchant branch of the Justice Department.
The Antitrust Consequences Of Manufacturer-Suggested Retail Prices—The Case For Presumptive Illegality, William R. Andersen
The Antitrust Consequences Of Manufacturer-Suggested Retail Prices—The Case For Presumptive Illegality, William R. Andersen
Washington Law Review
A manufacturer's suggestion of resale prices to dealers is an example of price-affecting conduct which is said to create no antitrust liability despite the fact that liability would result from identical conduct if the parties were horizontally related. This article argues that permitting parties to tamper with the price term in any fashion risks contravention of the policies behind the antitrust laws, and that making the antitrust consequence turn on whether the parties appear to be related vertically or horizontally is not an intelligible way of minimizing that risk. In conclusion it is recommended that suggested prices should be presumptively …
The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.
The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.
William & Mary Law Review
No abstract provided.
Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits
Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits
Michigan Law Review
A Review of The Antitrust Paradox: A Policy at War with Itself by Robert H. Bork
Recent Judicial Efforts To Reconcile The Robinson-Patman Act With The Sherman Act, Paul H. Larue
Recent Judicial Efforts To Reconcile The Robinson-Patman Act With The Sherman Act, Paul H. Larue
Washington and Lee Law Review
No abstract provided.
The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill
The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill
West Virginia Law Review
Sharply heightened attention is currently being paid to antitrust enforcement at the state level. In 1976, Congress appropriated approximately $30,000,000 in federal funds to the states for the maintenance of antitrust actions and other programs. A fertile field is being made available for the expenditure of these funds by the focus of the federal antitrust enforcement agencies on the larger structural cases with a corresponding decline in enforcement actions against "routine" practices. In this climate, the opportunities for state actions are extremely favorable, especially in light of the generally high political marks to be achieved by state Attorneys General, who …
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.
Summary Judgements In Antitrust Conspiracy Litigation, C. Paul Rogers Iii
Summary Judgements In Antitrust Conspiracy Litigation, C. Paul Rogers Iii
Loyola University Chicago Law Journal
No abstract provided.
Mens Rea And Felony Violations Under The Sherman Act, Jan Loughlin
Mens Rea And Felony Violations Under The Sherman Act, Jan Loughlin
Loyola University Chicago Law Journal
No abstract provided.
Reed U. Wiser: Aviation - Warsaw Convention - Liability Of Carrier's Employees, Victoria A. Steffen
Reed U. Wiser: Aviation - Warsaw Convention - Liability Of Carrier's Employees, Victoria A. Steffen
Maryland Journal of International Law
No abstract provided.
Rate Base Evaluation And Vertical Integration: Shifting Standards In Telephone Regulation, James Mcconnaughey, Manley R. Irwin
Rate Base Evaluation And Vertical Integration: Shifting Standards In Telephone Regulation, James Mcconnaughey, Manley R. Irwin
Indiana Law Journal
No abstract provided.
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
The Draft U.K./U.S. Judgments Convention: A British Viewpoint, P.M. North
Northwestern Journal of International Law & Business
The United States and the United Kingdom are presently completing negotiations on an accord that will providefor the reciprocal recognition and enforcement of civil judgments. The negotiations have been the subject of considerable debate, the sharpest criticism being expressed by British exporters who fear that recognition of United States judgments in the United Kingdom will subject them to increased antitrust and products liability claims. Through an analysis of theproposed agreement against the existing statutory and common law rules, Commissioner North addresses these criticisms. He concludes that the additional burden of American judgments on English defendants created by the agreement does …
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Scholarly Works
No abstract provided.
Fimex Corp. V. Barmatic Products Co.: Robinson-Patman Act - Application To Goods Purchased For Resale Abroad, David Salem
Fimex Corp. V. Barmatic Products Co.: Robinson-Patman Act - Application To Goods Purchased For Resale Abroad, David Salem
Maryland Journal of International Law
No abstract provided.
Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner
Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner
Vanderbilt Journal of Transnational Law
A look back at the last thirty years of United States antitrust's foreign "voyages of discovery" among friendly nations reveals a picture too often resembling not so much an era of good feeling as a thirty years war. Following hard upon Judge Hand's famous formulation of the "effects" doctrine in Alcoa in 1946 the Antitrust Division conducted a series of investigations in which compulsory process was used to seek documents located in foreign nations. Prodded by what they viewed as U.S. antitrust authorities' impermissible overreaching, the affected countries began to enact defensive "blocking statutes." The passage by Canada's Ontario Province …
Antitrust Law Of The European Economic Community - An Interpretation Of Articles 85 And 86 Of The Treaty Of Rome, Susan Sugar Nathan
Antitrust Law Of The European Economic Community - An Interpretation Of Articles 85 And 86 Of The Treaty Of Rome, Susan Sugar Nathan
Maryland Journal of International Law
No abstract provided.
Trademarks, Antitrust And The Federal Trade Commission, 13 J. Marshall L. Rev. 151 (1979), J. Thomas Mccarthy
Trademarks, Antitrust And The Federal Trade Commission, 13 J. Marshall L. Rev. 151 (1979), J. Thomas Mccarthy
UIC Law Review
No abstract provided.
Contribution In Antitrust Damage Actions, Robin Stone Sellers
Contribution In Antitrust Damage Actions, Robin Stone Sellers
Villanova Law Review
No abstract provided.
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
University of Richmond Law Review
An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.
Per Se Illegality Of Concerted Refusals To Deal: A Rule Ripe For Reexamination, Joseph P. Bauer
Per Se Illegality Of Concerted Refusals To Deal: A Rule Ripe For Reexamination, Joseph P. Bauer
Journal Articles
Section 1 of the Sherman Act proscribes [e]very contract, combination . . . or conspiracy, in restraint of trade. Early Supreme Court cases interpreting this provision held that it required a determination by the trier of fact of the reasonableness of the challenged conduct in each case — an approach which came to be known as the rule of reason. In subsequent cases, however, the Court has held that certain conduct is unreasonable per se. That is, once a court has determined that such conduct has taken place, it is foreclosed from undertaking an inquiry into the reasonableness of that …