Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Michigan Law Review
Review of The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy by Daniel J. Gifford and Robert T. Kudrle.
Antitrust Modesty, Daniel A. Crane
Antitrust Modesty, Daniel A. Crane
Michigan Law Review
Given Hovenkamp's influence and intellect, the publication of The Antitrust Enterprise is a major event, particularly since he sets out, according to the book's jacket, to provide "the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago." Nevertheless, one could quibble with the jacket's claim. Richard Posner substantially updated his own authoritative and compact exposition of antitrust law in 2001. In a 2003 book review, Hovenkamp called Posner's second edition a "marvelous and important book." So, before beginning a review of Hovenkamp's new work, it seems necessary …
Antitrust Standing In Private Merger Cases: Reconciling Private Incentives And Public Enforcement Goals, Joseph F. Brodley
Antitrust Standing In Private Merger Cases: Reconciling Private Incentives And Public Enforcement Goals, Joseph F. Brodley
Michigan Law Review
This article examines a vital problem of private antitrust enforcement - the standing of private merger litigants - where the unresolved tension between public antitrust goals and the private interests of litigants threatens enforcement breakdown. Private merger enforcement is at risk not because courts have determined that such enforcement is undesirable, but because courts have failed to see the problem as an issue of systems design requiring effective integration of public and private enforcement. Instead they have focused on particular elements of antitrust standing - feared abuses by wrongly motivated plaintiffs - neglecting system-wide effects and jeopardizing the health of …
United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review
United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review
Michigan Law Review
This Note will examine and criticize the perceived potential competition doctrine suggested by the Court. Then, it will discuss the questions raised in the concurrences concerning the use of subjective evidence and the role of incipient competitive effects. Finally, an alternative approach that focuses on the acquisition of or the possibility of acquiring small, "toehold" firms will be proposed.
The "Warren Court" And The Antitrust Laws: Of Economics, Populism, And Cynicism, Thomas` E. Kauper
The "Warren Court" And The Antitrust Laws: Of Economics, Populism, And Cynicism, Thomas` E. Kauper
Michigan Law Review
No one could quarrel with the simple assertion that the so-called "Warren Court" has had a significant, if indeed not extraordinary, impact on the development of the antitrust laws. It could hardly have been otherwise. The fifteen years since 1953 represent virtually one-fourth of the total history of the Clayton and Federal Trade Commission Acts, and one fifth of the time which has elapsed since passage of the Sherman Act. Every Supreme Court decision under the 1950 amendments to section 7 of the Clayton Act, the so-called antimerger law, has come after the accession of Chief Justice Warren to the …
Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller
Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller
Michigan Law Review
This Article chronicles one attempt to blend the sophisticated science of statistics with the mysterious art of the law in an antitrust case. Once again, we hope to provide lawyers with an understanding of a tool which can be used in resolving complex factual questions wherever they arise, not merely in an antitrust context. Although the lawyer will not emerge from this encounter as an accomplished statistician or economist, he may be able to talk to his fellow social scientists and to achieve a more fruitful application of social science techniques to the law.
The Ftc's Power To Seek Preliminary Injunctions In Anti-Merger Cases, James H. Cohen
The Ftc's Power To Seek Preliminary Injunctions In Anti-Merger Cases, James H. Cohen
Michigan Law Review
This Comment will examine the bases and the implications of the Supreme Court's holding. It will point out a number of problems raised by granting the FTC this remedial power, and will suggest that the situations in which preliminary injunctions may be obtained from a court of appeals should be strictly limited.
Trade Restraints -- Anti-Trust Laws -- Common Selling Agency
Trade Restraints -- Anti-Trust Laws -- Common Selling Agency
Michigan Law Review
Many students of the decisions under the Sherman Anti-Trust Act have voiced the opinion that the Supreme Court has been using one measuring stick to determine the legality of a combination of competing industrial units which takes the form of a merger or consolidation with highly centralized management and control of all activities, and quite a different stick for judging a combination formed for the purpose of stabilizing prices and production through cooperation in one form or another between competing units which retain their independence so far as management and control of production and financing are concerned. Thus in the …