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Antitrust and Trade Regulation

University of Michigan Law School

Michigan Law Review

1963

Articles 1 - 7 of 7

Full-Text Articles in Law

Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin Dec 1963

Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin

Michigan Law Review

A Review of Business Aspects of Pricing Under the Robinson-Patman Act (Trade Regulation Series). By Albert E. Sawyer

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The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin Dec 1963

The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin

Michigan Law Review

The representatives of the auto industry initially viewed the act with a jaundiced eye and warned that this special class legislation6 would radically change the existing case law by allowing the dealer to win where formerly he would have lost. However, the court decisions under the act have not borne out such dire predictions. This discussion will examine what has, in fact, been the judicial interpretation and treatment of the act.

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Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood Dec 1963

Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood

Michigan Law Review

In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …

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Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed. Mar 1963

Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed.

Michigan Law Review

The emergence of chain stores and mail-order houses in the 1920's posed a new threat to competition; this time at the retail level. The quantity purchase discounts which large buyers could exact placed the small independent merchant at a competitive disadvantage so substantial as to cast doubt upon his continued presence in the competitive picture. To prevent these competitive advantages, which were felt to be unfair and undesirable, Congress, in 1936, passed the Robinson-Patman Act which, in part, amended section 2 of the Clayton Act. The effect of the amendment was to tighten the application of the quantity purchase defense …

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Antitrust Law-Exclusive Dealing Arrangements-Employment By Courts Of Dual Tests In Applying Section 3 Of The Clayton Act, Walter A. Urick Jan 1963

Antitrust Law-Exclusive Dealing Arrangements-Employment By Courts Of Dual Tests In Applying Section 3 Of The Clayton Act, Walter A. Urick

Michigan Law Review

Petitioner nationally markets its product through exclusive dealing contracts with 80,700 independent distributors. In 1958 petitioner's distributors accounted-as to vitamin concentrates-for 61.52 percent of all house-to- house sales 8.6 percent of the total retail sales, and 34.6 percent of the total sales, of similarly-composed products. The FTC examiner's finding that petitioner had violated section 3 of the Clayton Act was sustained by the Commission. On appeal, held, affirmed, one judge dissenting in part. The control of 61.52, 34.6 or 8.6 percent of the market sales by a seller having exclusive dealing contracts with its buyers is sufficient proof that …

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Federal Antitrust Law-Mergers-An Updating Of The "Failing Company" Doctrine In The Amended Section 7 Setting, Philip Sotiroff S.Ed. Jan 1963

Federal Antitrust Law-Mergers-An Updating Of The "Failing Company" Doctrine In The Amended Section 7 Setting, Philip Sotiroff S.Ed.

Michigan Law Review

Even though application of section 7 has become increasingly effective, a specific exception to its coverage has been recognized by Congress and the Supreme Court. This exception is commonly referred to as the "failing company" doctrine. In short. the doctrine holds that an acquired or to-be-acquired firm which is in a "failing" condition, or the acquiring corporation, may interpose this condition as a defense to any prosecution under section 7 seeking to prevent or undo the acquisition of the failing company's stock or assets by the other. This discussion will attempt to explore the development of the doctrine, consider its …

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Corporations-Officers And Directors-Liability For Representative Acts Under The Sherman Act, Leon E. Irish Jan 1963

Corporations-Officers And Directors-Liability For Representative Acts Under The Sherman Act, Leon E. Irish

Michigan Law Review

An indictment brought under section 1 of the Sherman Act charged appellee and the corporation that employed him with conspiracy to eliminate price competition in the greater Kansas City milk market. Appellee was charged solely, in his capacity as officer, director or agent of the corporation. The district court dismissed the indictment on the ground that natural persons are indictable under section 1 of the Sherman Act only for acts done on their own account. On direct appeal to the Supreme Court, held, reversed and remanded. A corporate officer is liable under section 1 of the Sherman Act whether …

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