Law Commons^™

Antitrust Provisions Of The Atomic Energy Act, Richard Cosway

Vanderbilt Law Review

"It is ... declared to be the policy of the United States that... the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise." These are almost the first words of the Atomic Energy Act of 1954 which, in stating the policy of the United States, establish the goals to be sought. As stated, the strengthening of free competition is a goal; it is not the device by which the other goals are to be achieved. Apparently of …

Worldmarks And The Antitrust Law, Rudolf Callmann

Vanderbilt Law Review

Like all things, trademark rights can also be exploited for sinister purposes. A trademark can, for example, be used in violation of the antitrust laws and no elaborate references need be made to the legislative history of the Lanham Act to demonstrate that the Act was "not intended to undermine the anti-trust laws."' Certain specific provisions of the Act clearly disclose the legislative intent to dissuade a trademark owner from using his mark in violation of the antitrust laws.

The Impact On Business Of Antitrust Decrees, Philip Marcus

Vanderbilt Law Review

Government regulation of business may not be widespread but it is not unknown in this country. The source of such regulation normally,however, is a federal or state statute. Sometimes, as in the case of the Fair Trade Laws, businessmen have even promoted such regulation. Less well known, but often far-reaching, is the regulation of business conduct through antitrust judgments. Needless to say, generally such judgments are not welcomed by those to whom they apply.

About five hundred civil antitrust judgments have been entered in cases brought by the United States under the antitrust laws.' Cease and desist orders of the …

The Legality Of Trade Association Statistical Reporting Under The Antitrust Laws, Harry Kemker

Vanderbilt Law Review

Of the myriad economic functions performed by trade associations,the practice of gathering, compiling, and disseminating trade statistics is doubtless one of the most important.' Although the numerous statistical reporting programs vary markedly in size and scope, it seems safe to say that at least two-thirds of all trade associations indulge in some form of statistical activity. The beginning of this trade association statistical reporting is usually attributed to the theories contained in a book called The New Competition, written by A. J. Eddy and published in 1912. The concept championed by this work was "open competition," and an important part …

Refusal To Sell, Vernon A. Mund

Vanderbilt Law Review

Today, the business practice of refusal to sell is one of the principal antitrust complaints. However, paradoxically, it is a complaint which receives practically the least amount of attention and relief. Typically, the antitrust agencies treat reports on refusal to sell with the generalized reply that "the seller has the right to choose his own customers." The very number of complaints, however, as well as an economic analysis of the practice itself, points to the need for a reevaluation of this business practice and for a reappraisal of the currently applicable judicial decisions.

As we shall see in the present …

Du Pont General Motors Case, James A. Hart

Vanderbilt Law Review

On June 3, 1957, the United States Supreme Court, in a four to two decision, held that the du Pont Company's ownership of twenty-three per cent of the voting stock of General Motors had tended to create a monopoly in a line of commerce and thus violated section 71 of the Clayton Act. Justice Brennan wrote the majority opinion and Justice Burton, joined by Justice Frankfurter filed a vigorous dissent. Three of the Justices, Clark, Harlan and Whittaker took no part in the consideration or decision of the case. Hence, a possibility remains that the present Court, with all nine …

The Doctrine Of Misappropriation In Unfair Competition, W. Edward Sell

Vanderbilt Law Review

The last fifty years have witnessed a tremendous surge in American businesses, both in number and in size. With this development, new methods of doing business have been devised. Although these methods are generally designed to increase competition in our economy, not all of them are considered ethical or fair. Some of these unfair or unethical practices are now controlled, within limitations, by the Federal Trade Commission. The remaining acts or practices must be controlled by other means within the framework of the law. The legal touchstone in such instances is "unfair competition." One of the greatest problems in this …

A Note On Concentration Studies And Antitrust Policy, Jesse W. Markham

Vanderbilt Law Review

The current interest in industrial concentration studies almost rivals that which gave rise to the Temporary National Economic Committee's voluminous output on the subject two decades ago. Indeed,by almost any standard, 1957 was a banner year. The Federal Trade Commission opened the season with its 656-page report in January. The National Industrial Conference Board devoted a session to the topic at its forty-first annual meeting in May. In July the Bureau of the Census published its study performed at the request of the Senate Subcommittee on Antitrust and Monopoly. In June the Chamber of Commerce of the United States issued …

For H.R. Ii And S. Ii To Strengthen The Robinson-Patman Act And Amend The Antitrust Law Prohibiting Price Discrimination, Wright Patman M.C.

Vanderbilt Law Review

H. R. 11 and S. 11 are modest and simple legislative proposals.'They provide for no change in our antitrust laws prohibiting price discrimination except to limit somewhat the use of the "good faith" defense. The extent of this limitation goes no further than to assist the Act by providing that the "good faith" defense shall not operate as an absolute and complete bar to a proceeding by the Government against the practices of destructive price discrimination: In other words, those discriminations which would have the effect of substantially lessening competition and tending to create a monopoly may not be defended …