Law Commons^™

Taming Sherman's Wilderness, Derrian Smith

Indiana Law Journal

This Note proceeds in four Parts. Part I outlines the interpretive difficulties spawned by the vagueness of the Sherman Act—particularly, the judiciary’s necessary but undeniable departures from the text of the statute and the resulting doctrinal confusion. Part II considers ways in which the judiciary’s decision-making in Sherman Act cases approximates agency rulemaking and whether it makes sense to delegate interpretive authority to an antitrust agency. Yet, while the agency solution has upside, it would not easily escape criticisms that the Act does not provide sufficient notice of the conduct it proscribes and that the Act is an impermissible delegation …

Mannington Mills, Inc. V. Congoleum Corp.: A Perfect Storm Of Extraterritoriality In Patent And Antitrust Law, Benjamin Holt

Indiana Journal of Global Legal Studies

The invention of chemically embossed cushioned vinyl flooring revolutionized the flooring industry in the mid-1900s, and the patents on this technology became the basis for large-scale litigation between two of the industry's leaders. This is the story of Mannington Mills, Inc. v. Congoleum Corp.-a case that implicated foreign patent rights and the territorial nature of patent law, the extraterritorial scope of U.S. antitrust law (at a time when this scope was changing and uncertain), competing doctrines of jurisdiction and abstention, and emerging international comity concerns. These legal issues combined to create a perfect storm of extraterritoriality by presenting unique, complex …

Are You Ready For Some Football?: How Antitrust Laws Can Be Used To Break Up Directv's Exclusive Right To Telecast Nfl's Sunday Ticket Package, Ariel Y. Bublick

Federal Communications Law Journal

There is almost no question that football has become modem America's pastime. Football has never been more popular, and every Sunday people are clamoring to watch as many games as possible. The Sunday Ticket package allows viewers to watch any National Football League ("NFL") game being played at any given time. However, the NFL has only granted DirecTV the right to air the Sunday Ticket package, denying this excellent service to a majority of television viewers. By limiting the reach of the Sunday Ticket package, the NFL may be in violation of antitrust laws. This Note begins by explaining antitrust …

Department Of Justice Antitrust Enforcement, 1955-1997: An Empirical Study, Kenneth G. Dau-Schmidt, Joseph C. Gallo, Joseph L. Craycraft, Charles J. Parker

Articles by Maurer Faculty

This is an empirical study of Department of Justice (DOJ) enforcement of the antitrust laws. Its purpose is fourfold:

1.To update Posner's study "A Statistical Study of Antitrust Enforcement" (Posner, 1970, pp. 365-419).

2.To provide consistent and comparable measures of antitrust enforcement effort by the Department of Justice.

3.To report these measurements in a concise and systematic way in order to encourage empirical studies of antitrust issues.

4.To explore some implications for antitrust issues.

The purpose is to present the overall historical record of DOJ antitrust activity as well as some patterns in that history. More detailed analysis is left …

A Redrafted Section I Of The Sherman Act, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

Antitrust And Amateur Sports: The Role Of Noneconomic Values, Wendy T. Kirby, T. Clark Weymouth

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal's …

Joint Ventures And The Justice Department's Antitrust Guide For International Operations, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Parens Patriae: Will We Treble In Its Wake?, Joanne Barbrack

Indiana Law Journal

No abstract provided.

The Legal Status Of Joint Ventures Under The Antitrust Laws: A Summary Assessment, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

The Supreme Court And The Antitrust Laws: 1970-1971, Jerrold G. Van Cise

Indiana Law Journal

No abstract provided.

Oligopoly Power Under The Sherman And Clayton Acts -- From Economic Theory To Legal Policy, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Industrial Marketing Through Leasing Devices: A Survey Of Antitrust Problems

Indiana Law Journal

No abstract provided.

Antitrust Implications From The Use Of Consignment Contracts In The Petroleum Industry

Indiana Law Journal

No abstract provided.

Monopoly In America, By Walter Adams And Horace M. Gray, Phil C. Neal

Indiana Law Journal

No abstract provided.

Dissolution, Divorcement, Divestiture: The Pyrrhic Victories Of Antitrust, Walter Adams

Indiana Law Journal

No abstract provided.

Antitrust Laws And The Right To Know, Philip Marcus

Indiana Law Journal

No abstract provided.

Trade Regulation: The American Medical Ass'n Case

Indiana Law Journal

Notes and Comments: Trade Regulation

Price Fixing Agreements And The Sherman Act

Indiana Law Journal

Notes and Comments: Trade Regulation

Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Contracts-Arbitration-Sherman Act

Indiana Law Journal

No abstract provided.

Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.