Antitrust and Trade Regulation Commons^™

Restricted Distribution Contracts And The Opportunistic Pursuit Of Treble Damages, Henry N. Butler

Washington Law Review

The analysis presented in this article addresses the narrow issue of the effects of potential treble damage actions on the behavior of contractually-related manufacturers and distributors. Part II of this article presents the notion of opportunistic behavior, which has influenced much of the economic analysis and the Supreme Court's recent treatment of vertical nonprice restraints. The transformation of the threat of opportunism into socially-wasteful expenditures of resources is also discussed. Part III examines the problematic role of opportunism in the distribution of goods, restricted distribution practices that aim to solve the problem, and the antitrust treatment of such restricted distribution …

Antitrust, Joint Ventures And The End Of The Ama's Contract Practice Ethics: New Ways Of Thinking About The Health Care Industry, Charles D. Weller

North Carolina Central Law Review

No abstract provided.

Health Planning And Antitrust Law: The Implied Amendment Doctrine Of The Rex Hospital Case, Clark C. Havighurst

North Carolina Central Law Review

No abstract provided.

Insurance And Antitrust Law: The Mccarran-Ferguson Act And Beyond, Alan M. Anderson

William & Mary Law Review

No abstract provided.

Recognition Of The National Football League As A Single Entity Under Section 1 Of The Sherman Act: Implications Of The Consumer Welfare Model, Myron C. Grauer

Michigan Law Review

This article argues that Justice Rehnquist has analyzed the operational structure of the NFL in a manner that is consistent with proper antitrust enforcement policy, and expands upon the view that he espoused. It contends that the NFL is analogous to a law firm partnership, with the teams analogous to departments or partners that can make operating rules for the firm without fear of violating section 1 of the Sherman Act. In arriving at the opposite conclusion, both the Oakland Raiders and NASL courts relied on several cases involving player restraints that presupposed that teams in professional sports leagues, such …

The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review

Michigan Law Review

In the wake of this uncertainty, this Note analyzes the proper scope of judicial review of consent decrees. The Note argues that to further the policies embodied in the APP A, courts should undertake intense review of proposed settlements before entering them as final judgments. Both the congressional intent in enacting the APP A and the public's interest in effective enforcement of the antitrust laws support intense judicial review. The Note then demonstrates that the deferential standard that some courts have applied is derived mainly from a case that is inapplicable to the review of consent decrees. Finally, the Note …

Antitrust Law And Health Planning Under The National Health Planning And Resources Development Act Of 1974

Washington and Lee Law Review

No abstract provided.

Article Six Bulk Transfers: Thirty Years Of Confusion, Steven F. Brines

West Virginia Law Review

No abstract provided.

Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review

Michigan Law Review

This Note will focus on the confusion that plagues one category of antitrust standing cases, those in which an employee alleges wrongful discharge for his refusal to participate in a scheme that violates the antitrust laws. Conflicts among the circuits in their analysis and resolution of these employee standing cases have not been definitively settled by the Supreme Court's recent pronouncements on the right to seek recovery under section 4. This Note argues that these recent Supreme Court decisions, as well as the policies behind the antitrust laws, weigh in favor of permitting an employee to maintain a section 4 …

Civil Antitrust Liability Based On Apparent Authority: American Society Of Mechanical Egineers V. Hydrolevel Corp., Carl W. Sonne

BYU Law Review

No abstract provided.

Cellular Mobile Radio Telecommunications: Regulating And Emgerging Industry, Phillip Palmer

BYU Law Review

No abstract provided.

An Assessment Of State And Federal Jurisdiction To Regulate Access Charges After The At&T Divestiture, Jeffery A. Robinson

BYU Law Review

No abstract provided.

Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam

Vanderbilt Law Review

During the past decade, federal telecommunications regulatory policy has changed its focus from a goal of universally available and affordable residential service to one of economic efficiency. In changing its regulatory focus, the federal government has indirectly deprived the states of the means to accomplish their goal, which remains one of insuring universally available and affordable residential service. In his Article Professor Noam examines the evolution of the traditional federal-state coregulatory system, contrasts the emerging federal regulatory approach with the states' policies, and discusses the reasons for federal predominance in telecommunications regulation.He argues that the reorientation in federal regulatory policy …

Municipal Defenses To Antitrust Liability, Patrick R. James

University of Arkansas at Little Rock Law Review

No abstract provided.

Antitrust, Technology Transfers And Joint Ventures In Latin American Developments, Robert J. Radway

University of Miami Inter-American Law Review

No abstract provided.

Tying Arrangements And Class Actions, Herbert Hovenkamp

Vanderbilt Law Review

This Article does not attempt to identify socially harmful tying arrangements." Rather, it draws upon the vast literature and case law of tying arrangements to suggest possible solutions to a perplexing problem in the law of antitrust class actions: under what circumstances do common questions predominate over individual questions in tying arrangement cases and thereby justify class action treatment? Courts today agree generally that although the amount of damages may vary considerably from one prospective class member to another, certification of a class action requires that the fact of injury be demonstrable by proof common to all members of a …

Doctors' Maximum Fee Plan Is Unlawful Per Se Under Section 1 Of The Sherman Act: Arizona V. Maricopa County Medical Society, Craig L. Taylor

BYU Law Review

No abstract provided.

Right To Sue Under Section 4 Of The Clayton Act - The Employee Deischarged For Regusal To Participate In The Anitcompetivie Practices Of His Employer: Bichan V. Chemetron Corp. Examined In Light Of Blue Shield V. Mcready, Ralph N. Bryson

BYU Law Review

No abstract provided.

Reforming American Antitrust In Foreign Commerce, James A. Rahl

Michigan Law Review

A Review of Antitrust and American Business Abroad (Second Edition) by James R. Atwood and Kingman Brewster

The Individual Coercion Doctrine And Tying Agreements: An Economic Analysis, Roger D. Blair, Jeffrey Finci

Florida State University Law Review

No abstract provided.

Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle

Maryland Journal of International Law

No abstract provided.

Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano

Penn State International Law Review

The Latin American experience clearly establishes that economic development involves profound social and political change. Despite modernization efforts, economuc benefits eluded Latin American leaders. This fact led to the widespread perception that a new international legal strucure had to be forged if the region's myriad social concerns were to be addressed. Regional economic integration was a necessary first step.

Integration enabled Latin American statesmen to address insurmountable national problems on a regional level. In the Latin American context, however, economic integration efforts became intertwined with the new nationalism. Despite this beginning, the structures that eventually arose formed a relationship which …

Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham

Vanderbilt Journal of Transnational Law

Antitrust--Noerr-Pennington Extends Immunity from Sherman Act to Foreign Litigation and Foreign Acts that result in Alleged Antitrust Violations, Coastal States Marketing, Inc. v. Hunt, 694 F.2d 1358 (5th Cir. 1983).

Antitrust--Foreign Import Cartels are Liable under the Sherman Act although domestic export competitors are shielded with a Webb-Pomerene exemption. Daishowa International v. North Coast Export Co., 1982-2 Trade Cas.64,774 (N.D. Cal.).

The Federal Trade Commission, Injunctive Relief, And Allegedly Anticompetitive Mergers: Preliminary Relief Under The Federal Trade Commission Act, David M. Stryker

Indiana Law Journal

No abstract provided.

State Antitrust In The Federal Scheme, Herbert Hovenkamp

Indiana Law Journal

No abstract provided.

Contribution In Antitrust Actions: Is Fairness Reason Enough?, Laura J. Lodawer

Loyola University Chicago Law Journal

No abstract provided.

Hospital Shared Purchasing Agreements AfterWhite & (And) White, Inc. V. American Hospital Supply Corp., Karen Lee Kincaid

Loyola University Chicago Law Journal

No abstract provided.

Extraterritorial Effects Of United States Commercial And Antitrust Legislation: A View From "Down Under", Warren Pengilley

Vanderbilt Journal of Transnational Law

British Commonwealth lawyers, in general, and Australian lawyers, in particular, traditionally maintain a conservative view of the extraterritorial reach of commercial legislation. As a result of the Alcoa decision in 1945, if not earlier decisions, the United States courts have espoused fairly grand ideas on the stretch of their judicial writ. In fact, the "effects" doctrine was first proclaimed in 1909 by the United States Supreme Court in American Banana Co. v. United Fruit Co. In this case, the Court proclaimed that the United States has the power to punish "acts done outside [the] jurisdiction but intended to produce and …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Emerging Financial Centers: Legal and Institutional Framework

Edited by Robert C. Effros

Washington, D.C.: International Monetary Fund, 1982. Pp. xvi, 1150. $35.00.

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The Foreign Corrupt Practices Act

By George C. Greanias and Duane Windsor

Lexington, Massachusetts: Heath and Co.,1982. Pp. ix, 187. $23.95.

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Foreign Commerce and the Antitrust Laws Vols. I-II.

By Wilbur L. Fugate

Boston and Toronto: Little, Brown and Company, 1982. Vol. I, pp. xxiv, 427; vol. II, pp. xxiv, 460. $100.00.

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The Fund Agreement in the Courts: Volume II.

By Joseph Gold

Washington, D.C.: International Monetary Fund, 1982. Pp.xii, 499. $17.50.

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International Capital …

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, …