Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (1)
- Cartels (1)
- Enforcement (1)
- Federal Trade Commission (1)
- Federal Trade Commission Act (1)
-
- Federal Trade Commission v. Morton Salt Co. (1)
- Immunity (1)
- Injury (1)
- Legislative history (1)
- Parker v. Brown (1)
- Preemption (1)
- Price discrimination (1)
- Pricing (1)
- Robinson-Patman Price Discrimination Act (1)
- Sherman Act (1)
- State-action immunity (1)
- Supreme Court of the United States (1)
- United States Supreme Court (1)
- Volvo Trucks North America Inc. v. Reeder-Simco GMC Inc. (1)
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
Michigan Law Review
The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy. In its 1943 Parker decision, the Supreme Court justified this doctrine, observing that no evidence of a congressional will to preempt state law appears in the Sherman Act’s legislative history or context. In addition, commentators generally assume that the New Deal court was anxious to avoid re-entangling the federal judiciary in Lochner-style substantive due process analysis. The Supreme Court has observed, without deciding, that the Federal Trade Commission might …
Reading Too Much Into Reeder-Simco?, Jeremy M. Suhr
Reading Too Much Into Reeder-Simco?, Jeremy M. Suhr
Michigan Law Review
This Note argues that a careful analysis of the Supreme Court's opinion in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. demonstrates that, despite the expansive dicta appearing in part IV of that opinion, the Court did not intend to reshape the course of its Robinson-Patman Act jurisprudence in any significant way. The Court's opinion operated well within the confines of established Robinson-Patman Act doctrine, even if its searching review of the evidence presented at trial represented a rare foray into the arena of factual error correction. After Reeder-Simco, however, many commentators emphasized the dicta in part IV …