Antitrust and Trade Regulation Commons^™

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.

The Extraterritorial Application Of German Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Antitrust System: An Impediment To The Development Of Negotiation Models, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Demonstration: Economic Analysis And Expert Testimony—Plaintiff's Conference, Eleanor M. Fox, Jay Topkis, George A. Hay, Charles B. Renfrew

Cornell Law Faculty Publications

This article is a demonstration on the use of economic experts. The demonstration is based loosely on Mobil’s attempted take-over of Marathon Oil Company. However, the oil companies involved here are named Major, which is the second largest oil company in the United States, and Olympic, which is the largest supplier to independents. Any resemblance of Major and Olympic to any other firm, entity or person, living or not, is purely coincidental.

The demonstration is divided into two parts. The first part is the conference. A conference of plaintiff’s team will be followed by a conference of defendant’s team.

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.

The New Merger Guidelines And The Herfindahl-Hirschman Index, Stephen Calkins

Law Faculty Research Publications

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.

The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart

Faculty Publications

No abstract provided.

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

Loyola University Chicago Law Journal

No abstract provided.

Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin

Faculty Publications

The Federal Trade Commission, along with other administrative agencies, has been especially affected by the current emphasis on deregulation. Some proponents of the free market system view the Commission as an unnecessary and costly impediment to market functioning. In this article, Professor Koch and Ms. Martin review past FTC regulatory efforts in light of the FTC's mandate: to maintain an efficient, competitive free market Although the FTC has deviated from its market maintenance goal, this deviation should not serve as a basis for constricting Commission rulemaking activity. Rather, the authors demonstrate that past Commission practices illustrate the need for an …

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

Loyola University Chicago Law Journal

No abstract provided.

An Administrative Law Perspective On Consensual Decisionmaking, Andrew Popper

Articles in Law Reviews & Other Academic Journals

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 …

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 …

A Shared Values Approach To Jurisdictional Conflicts In International Economic Law, Bernhard Grossfeld, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

No abstract provided.

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, …

Antitrust - Illinois Brick Rule Requires Dismissal Of Private Antitrust Action By Indirect Purchasers Despite Allegation Of Injury As Direct Target Of Anticompetitive Conspiracy, Gregory J. Boles

Villanova Law Review

No abstract provided.

Municipal Government Exemption From Federal Antitrust Laws: An Examination Of The Midcal Test After Boulder

Washington and Lee Law Review

No abstract provided.

State Action Immunity And Preemption In Antitrust Challenges To State Pricing Laws: Alcoholic Beverage Control Board V. Taylor Drug Stores, Inc., Randy Donald Shaw

Kentucky Law Journal

No abstract provided.

Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review

Michigan Law Review

This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.

A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran

Seattle University Law Review

This Note demonstrates that the court's decision in Home Placement did infringe upon protected first amendment activity. Since free speech and free press guarantees were threatened by the government's action, the court should have balanced the competing interests and held in favor of Home Placement only upon a showing of a compelling state interest. After examining the interests of the advertiser, the reader, the government, and the newspaper, this Note concludes that the newspaper's right to control its message and to make editorial decisions free from the threat of governmental interference overbalance the antitrust claim made in this case. A …

The Ftc And Pricing: Of Predation And Signaling, George A. Hay

Cornell Law Faculty Publications

This paper summarizes and comments on two recent FTC cases. The first case involved accusations of predatory pricing against Borden, the manufacturer of ReaLemon, the dominant brand of reconstituted lemon juice. The second involved price-signaling and other so-called facilitating practices by the four makers of lead-based antiknock compounds.