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Full-Text Articles in Legal History
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
American Needle And The Boundaries Of The Firm In Antitrust Law, Herbert J. Hovenkamp
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In American Needle the Supreme Court unanimously held that for the practice at issue the NFL should be treated as a “combination” of its teams rather than a single entity. However, the arrangement must be assessed under the rule of reason. The opinion, written by Justice Stevens, was almost certainly his last opinion for the Court in an antitrust case; Justice Stevens had been a dissenter in the Supreme Court’s Copperweld decision 25 years earlier, which held that a parent corporation and its wholly owned subsidiary constituted a single “firm” for antitrust purposes. The Sherman Act speaks to this issue …
The Law Of Vertical Integration And The Business Firm: 1880-1960, Herbert J. Hovenkamp
The Law Of Vertical Integration And The Business Firm: 1880-1960, Herbert J. Hovenkamp
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Vertical integration occurs when a firm does something for itself that it could otherwise procure on the market. For example, a manufacturer that opens its own stores is said to be vertically integrated into distribution. One irony of history is that both classical political economy and neoclassicism saw vertical integration and vertical contractual arrangements as much less threatening to competition than cartels or other horizontal arrangements. Nevertheless, vertical integration has produced by far the greater amount of legislation at both federal and state levels and has motivated many more political action groups. Two things explain this phenomenon. First, while economists …
Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp
Ip And Antitrust: Reformation And Harm, Christina Bohannan, Herbert J. Hovenkamp
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Antitrust and intellectual property law both seek to improve economic welfare by facilitating competition and investment in innovation. At various times both antitrust and IP law have wandered off this course and have become more driven by special interests. Today, antitrust and IP are on very different roads to reform. Antitrust reform began in the late 1970s with a series of Supreme Court decisions that linked the plaintiff’s harm and right to obtain a remedy to the competition - furthering goals of antitrust policy. Today, patent law has begun its own reform journey, but it is in a much earlier …