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Full-Text Articles in Law
Antitrust, Michael Eric Ross, Jeffrey S. Cashdan
Antitrust, Michael Eric Ross, Jeffrey S. Cashdan
Mercer Law Review
The Eleventh Circuit Court of Appeals issued seven antitrust decisions in 1996. Only one opinion addressed substantive antitrust issues. The others turned on procedural or immunity grounds. Antitrust defendants continued their dominance on appeal, prevailing in all but one action.
Why Coercion Should Be A Defense In Section 1 Cases Involving Vertical Agreements, Chad Plumley
Why Coercion Should Be A Defense In Section 1 Cases Involving Vertical Agreements, Chad Plumley
Mercer Law Review
In recent years, antitrust analysis has shifted from historical reasons for wanting to stop agreements in restraint of trade, such as promotion of individual competition, to a more economic based analysis which focuses on efficiency and output. This change in analysis has impacted how coercion is viewed in antitrust analysis. Traditionally, courts looked at whether a party had been coerced to determine if there was a violation of the Sherman Act. In section 1 cases, where the emphasis is on whether there is an agreement, courts have used evidence of coercion to find an agreement between the parties even when …