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Articles 1 - 30 of 45
Full-Text Articles in Antitrust and Trade Regulation
Electric Power Transmission & Purchases : Report Of A Study By The Joint Standing Committee On Utilities, 112th Maine Legislature, Maine. Legislature. Joint Standing Committee On Utilities
Electric Power Transmission & Purchases : Report Of A Study By The Joint Standing Committee On Utilities, 112th Maine Legislature, Maine. Legislature. Joint Standing Committee On Utilities
Maine Collection
Electric Power Transmission & Purchases : Report Of a Study By the Joint Standing Committee on Utilities, 112th Maine Legislature
Maine Legislature. Joint Standing Committee on Utilities.
Augusta, Maine (December 2, 1986).
Contents: Introduction / Issues & Recommendations / Review of 1986 Legislation / Maine's Electric Power Picture / Technical Analysis of Transmission & Wheeling / Economic Implications of Transmission & Wheeling /. Legals Analysis of Transmission & Wheeling / Proposed Legislation / Appendices / Tables & Figures
Monfort Of Colorado, Inc. V. Cargill, Inc.: Standing To Enjoin Horizontal Mergers By Competing Companies, Michelle Cuervo Donaj
Monfort Of Colorado, Inc. V. Cargill, Inc.: Standing To Enjoin Horizontal Mergers By Competing Companies, Michelle Cuervo Donaj
University of Miami Law Review
No abstract provided.
Reflections On A Landmark: Shaffer V. Heitner Viewed From A Distance, Earl M. Maltz
Reflections On A Landmark: Shaffer V. Heitner Viewed From A Distance, Earl M. Maltz
BYU Law Review
No abstract provided.
Keystone Bituminous Coal Association V. Debenedictis, Lewis F. Powell Jr.
Keystone Bituminous Coal Association V. Debenedictis, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel J. Gifford
The Antitrust State-Action Doctrine After Fisher V. Berkeley, Daniel J. Gifford
Vanderbilt Law Review
In February 1986 the United States Supreme Court in Fisher v. Berkeley' upheld the validity of a municipal rent control ordinance against a contention that the Sherman Act preempted the ordinance. In an eight-to-one decision, the Court effectively gave the coup de grace to its earlier attempt to apply the federal antitrust laws to municipalities and political subdivisions. It also may have finally ended the remarkable series of disingenuous state-action decisions that had become an almost regular part of the Court's calendar since Goldfarb v. Virginia State Bar' in 1975.Fisher holds a promise of restoring to the state-action exemption a …
Immunity Doctrine, Efficiency Promotion, And The Applicability Of Federal Antitrust Law To State-Approved Hospital Acquisitions, James F. Ponsoldt
Immunity Doctrine, Efficiency Promotion, And The Applicability Of Federal Antitrust Law To State-Approved Hospital Acquisitions, James F. Ponsoldt
Scholarly Works
The question whether hospitals should be regarded as private businesses, or alternatively as public utilities, in order to maximize productive and allocative efficiency, remains controversial. In recent years, the ability of American hospitals and doctors to provide excellent health care services has been hindered by rising costs and distribution problems. This combination of rising costs and decreased distribution has prevented medical services from reaching the portion of the American population that has the greatest need for these services.
In response to these problems, Congress in 1974 passed the National Health Planning and Resources Development Act (NHPRDA). The NHPRDA is designed …
The New Industrial Revolution, Philip A. Hart
The New Industrial Revolution, Philip A. Hart
Washington and Lee Law Review
No abstract provided.
Likelihood Of Injury To Business Reputation-A Liberal Standard Of Proof In Unfair Competition?
Likelihood Of Injury To Business Reputation-A Liberal Standard Of Proof In Unfair Competition?
Washington and Lee Law Review
No abstract provided.
Workable Antitrust Policy, Frank H. Easterbrook
Workable Antitrust Policy, Frank H. Easterbrook
Michigan Law Review
One of the schools of thought in the economics of antitrust was called "workable competition." The adherents to this school believed that markets were prone to cartelization and that concentration was death on competition, but that occasionally competition might prove "workable." These scholars were suspicious of almost every industrial practice they saw. One of the manifestations of their work came to be known as the "structure-conduct-performance paradigm." The thesis was that you could tell whether competition was feasible from the structure of the market. If the top four firms had fifty percent or so of the sales, we should abandon …
Consumer Beware Chicago, Eleanor M. Fox
Consumer Beware Chicago, Eleanor M. Fox
Michigan Law Review
Professor Hovenkamp's article, Antitrust Policy After Chicago, reveals an important truth. Chicago School economics does not provide a superior roadmap to efficiency. I would take the critique one step further and assert: The main gap between Chicago and its critics is not even the design of the roadmap to efficiency. The main gap is social and political philosophy.
Rhetoric And Skepticism In Antitrust Argument, Herbert Hovenkamp
Rhetoric And Skepticism In Antitrust Argument, Herbert Hovenkamp
Michigan Law Review
In his essay on Workable Antitrust Policy Judge Easterbrook professes an extraordinary skepticism about economic models in general, and particularly about the ability of courts to use economic models to distinguish the competitive from the anticompetitive. But a profession of skepticism is itself a very powerful rhetorical device; it creates a perception of tough-mindedness, of refusal to yield real-world observations to analytic models or other abstractions, of extreme reluctance to accept any proposition that has not been clearly proven. Further, it is always very easy to be a skeptic, because every position ever taken except perhaps for a few tautologies …
Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter
Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter
Indiana Law Journal
No abstract provided.
The End Of Antitrust—Or A New Beginning?, Joe Sims, Robert H. Lande
The End Of Antitrust—Or A New Beginning?, Joe Sims, Robert H. Lande
All Faculty Scholarship
Antitrust is in one of its periodic states of decline. Historically, it has rebounded from these valleys to rise to even higher peaks of enthusiastic public and political popularity. The first period of substantial antitrust activity began 15 years after the passage of the Sherman Act, and lasted into the 1920s. The Great Depression saw antitrust at its lowest, followed by Thurman Arnold's aggressive tenure, but World War II was hardly a period of great antitrust enthusiasm. The 1950 Celler-Kefauver amendment to section 7 began the golden age of antitrust, a period that lasted until the middle 1970s. So far, …
An Economic Analysis Of Antitrust Law's Natural Monopoly Cases, John Cirace
An Economic Analysis Of Antitrust Law's Natural Monopoly Cases, John Cirace
West Virginia Law Review
No abstract provided.
Antitrust Immunity: The State Of State Action, W. Scott Campbell
Antitrust Immunity: The State Of State Action, W. Scott Campbell
West Virginia Law Review
No abstract provided.
Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins
Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins
Michigan Law Review
This Note argues that private parties should be permitted to bring suits for divestiture under section 16 of the Clayton Act. Part I analyzes the language of section 16 and the relevant legislative history of the Clayton Act and concludes that Congress did not intend to limit the injunctive relief available to private parties. Part II argues that courts should be free to exercise their broad equity powers to grant the most appropriate and effective relief, including divestiture, to an injured plaintiff. Finally, Part III contends that policy considerations disfavor omitting divestiture from the types of equitable remedies that a …
Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins
Summary Judgment, Motions To Dismiss, And Other Examples Of Equilibrating Tendencies In The Antitrust System, Stephen Calkins
Law Faculty Research Publications
No abstract provided.
Assessment Of Shelf Registration: How Much Diligence Is Due Investors?, Roberta S. Karmel
Assessment Of Shelf Registration: How Much Diligence Is Due Investors?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56
How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56
Intellectual Property
No abstract provided.
Mitsubishi And Antitrust Arbitration-It's All The Japanese You Need To Know, Robert M. Donaldson
Mitsubishi And Antitrust Arbitration-It's All The Japanese You Need To Know, Robert M. Donaldson
BYU Law Review
No abstract provided.
Matsushita V. Zenith: Sovereign Compulsion And Conspiracy Go Out Before The Trial Goes On, Michael K. Sweig
Matsushita V. Zenith: Sovereign Compulsion And Conspiracy Go Out Before The Trial Goes On, Michael K. Sweig
Penn State International Law Review
This Article suggests that the Foreign Sovereign Immunities Act and its commercial activities exception adequately answer questions that pre-FSIA courts had used the sovereign compulsion doctrine to solve. Recent Supreme Court case law indicates that application of the sovereign compulsion defense in foreign antitrust litigation requires the precise analysis required and already provided for by the commercial activities exception to FSIA.
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock
UIC Law Open Access Faculty Scholarship
No abstract provided.
Doing Well, Doing Good And Doing Both: A Framework For The Analysis Of Noncommercial Boycotts Under The Antitrust Laws, 30 St. Louis U. L.J. 385 (1986), Donald L. Beschle
Doing Well, Doing Good And Doing Both: A Framework For The Analysis Of Noncommercial Boycotts Under The Antitrust Laws, 30 St. Louis U. L.J. 385 (1986), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Moderating Antitrust Subject Matter Jurisdiction: The Foreign Trade Antitrust Improvements Act And The Restatement Of Foreign Relations Law (Revised), Daniel T. Murphy
Moderating Antitrust Subject Matter Jurisdiction: The Foreign Trade Antitrust Improvements Act And The Restatement Of Foreign Relations Law (Revised), Daniel T. Murphy
Law Faculty Publications
Within the last several years two approaches have been taken to tempering the extraterritorial application of the United States antitrust laws. In October 1982 the Foreign Trade Antitrust Improvements Act of 1982 (the "FTAIA") was signed into law. In addition, for the past four years the American Law Institute has been engaged in an effort to revise thoroughly the Restatement of Foreign Relations Law of the United States. It is expected that this effort will culminate in May 1986 with the promulgation of the Restatement of Foreign Relations Law of the United States (Revised) (the "Restatement (Revised)"). These two efforts …
Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur
Farewell To The Sea Of Doubt: Jettisoning The Constitutional Sherman Act, Thomas C. Arthur
Faculty Articles
This Article proceeds as follows. Part I examines the legislative history of the Sherman Act to discover the policy choices actually made by the 1890 Congress. Part II sketches the development, operation and social costs of the conventional "constitutional" approach which now dominates section 1 adjudication. This Part demonstrates how the Supreme Court's failure to establish a workable methodology for resolving hard cases in the first Sherman Act decisions enabled it later to create the myth that the 1890 Congress made no hard policy choices. It then shows that the lack of a recognized statutory standard inevitably leads to doctrinal …
The Exuberant Pathway To Quixotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau
The Exuberant Pathway To Quixotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau
Vanderbilt Journal of Transnational Law
By holding that antitrust claims are arbitrable, the United States Supreme Court may have wanted to minimize, if not eliminate, the possibility that dilatory practices could thwart the international arbitral process. Faced with a potentially ruinous contractual relationship and the prospect of arbitration, a disgruntled party (like Soler) might find that it has no other remedy than postponing the day of reckoning. Raising the possibility that the entire transaction is illicit because of antitrust violations at least generates delay and might undermine the arbitration, staving off the possibility of resolution.
Casenotes: Antitrust — Parent Corporation And Its Wholly Owned Subsidiary Are Incapable Of Conspiring With Each Other Under Section One Of The Sherman Act. Copperweld Corp. V. Independence Tube Corp., 104 S. Ct. 2731 (1984), Linda T. Penn
University of Baltimore Law Review
No abstract provided.
Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll
Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen
The Role Of Efficiency Justifications In U.S.-American And West German Merger Control Law: A Comparison, Christian Westerhausen
LLM Theses and Essays
When merger control laws first emerged in the United States and West Germany in the early 1900s, some businessmen and economists argued that the efficiency of businesses was impeded by antimerger laws. They contended that only very large businesses could realize significant efficiencies, be internationally competitive, and attain technological progress. This paper analyzes the role that these efficiency arguments had on the laws in West Germany and the United States, respectively. German law mainly upheld the idea that preservation of competition was most important for business efficiency, but also included a provision that firms could put forward the social desirability …
Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii.
Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii.
Articles & Chapters
This paper discusses United States government trade policy and the regulation of foreign lawyers. Although the expression "trade policy" implies a settled course of action adopted and followed by the United States government, in the area of legal services the formulation of government trade policy has been a rather fortuitous occurrence. Further, while the term "regulation," particularly in the context of the legal profession, suggests a recognizable and ordered system, the rules and procedures for the regulation of foreign lawyers in various jurisdictions do not fall readily into any pattern; instead they appear to be quite random. The regulation of …