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Antitrust and Trade Regulation

1965

Institution
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Articles 1 - 30 of 35

Full-Text Articles in Law

Constitutional Law—Price Regulation Of Liquor Industry Not Violative Of Due Process Of Law, Charles E. Milch Dec 1965

Constitutional Law—Price Regulation Of Liquor Industry Not Violative Of Due Process Of Law, Charles E. Milch

Buffalo Law Review

Joseph E. Seagram and Sons, Inc. v. Hostetter, 16 N.Y. 47, 209 N.E.2d 701, 262 N.Y.S.2d 75, cert. granted, 34 U.S.L. Week 3179 (U.S. Nov. 23, 1965).


Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker Nov 1965

Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker

Michigan Law Review

A Review of Perspectives on Antitrust Policy edited by Almarin Phillips


Oppenheim: Unfair Trade Practices, Cases And Comments, Glen E. Weston Nov 1965

Oppenheim: Unfair Trade Practices, Cases And Comments, Glen E. Weston

Michigan Law Review

A Review of Unfair Trade Practices, Cases and Comments by S. Chesterfield Oppenheim


Recent Cases, Law Review Staff Oct 1965

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice

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Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act

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Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers

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Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional

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Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment

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Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure

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Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial …


Monopoly—Extension Toward Per Se Violation, Anon Oct 1965

Monopoly—Extension Toward Per Se Violation, Anon

Washington Law Review

The Justice Department brought injunctive action under section 4 of the Sherman Act against Grinnell Corporation and three affiliates which Grinnell controlled through preponderant stock ownership. Grinnell manufactures automatic sprinklers, fire and burglar alarms, and other machinery used in the alarm industry, and its affiliates are corporations supplying subscriber-customers with fire and burglar alarm services from central points through automatic alarm systems installed on subscribers' premises. Defendants had acquired an 87 per cent share of the accredited national Central Station Protective Service (CSPS) market, attained through pre-affilation market allocation agreements between the affiliate corporations and their competitors, discriminatory manipulation of …


Consumer Preference For Brand Names Under The Robinson-Patman Act, Anon Oct 1965

Consumer Preference For Brand Names Under The Robinson-Patman Act, Anon

Washington Law Review

Borden Company sold evaporated milk under its own brand name at a substantially higher price than it sold chemically identical milk under private brand names. The Federal Trade Commission found price discrimination in violation of the Robinson-Patman Act and issued a cease and desist order prohibiting further price differentials between the two products. The Fifth Circuit Court of Appeals granted Borden's petition to set aside the order, and held: Premium brand products commanding consumer preference and chemically identical products sold under private brands are not of "like grade and quality" within the meaning of the Robinson-Patman Act. Borden Co. v. …


Dual Distribution And Vertical Integration Under The Robinson-Patman Act, Thomas M. Lofton Oct 1965

Dual Distribution And Vertical Integration Under The Robinson-Patman Act, Thomas M. Lofton

Indiana Law Journal

No abstract provided.


The Antitrust Laws And The Corporate Executive's Civil Damage Liability, Joseph R. Manning Oct 1965

The Antitrust Laws And The Corporate Executive's Civil Damage Liability, Joseph R. Manning

Vanderbilt Law Review

It will be the purpose of this note to examine the executive's potential civil liability for damages resulting from his violations of the federal antitrust laws. First, there is the injury to the persons against whom his unlawful conduct was directed. They may desire compensation for their injuries, as well as treble damages in a suit authorized by section 4 of the Clayton Act.' Also, the executive may cause injury to his corporation by subjecting it to fines, damages,and litigation expenses. This presents the question: whether a shareholder may bring a derivative suit against the executive for these damages to …


The Implementation Of The Rules Of Competition Of The European Economic Community, Hans-Jürgen Schlochauer Oct 1965

The Implementation Of The Rules Of Competition Of The European Economic Community, Hans-Jürgen Schlochauer

Buffalo Law Review

No abstract provided.


Antitrust Standards Of Illegality For Tying Arrangements Sep 1965

Antitrust Standards Of Illegality For Tying Arrangements

Washington and Lee Law Review

No abstract provided.


Determining The "Line Of Commerce" Under Section Seven Of The Clayton Act, William H. Barr Jun 1965

Determining The "Line Of Commerce" Under Section Seven Of The Clayton Act, William H. Barr

Vanderbilt Law Review

A provision of the antitrust statutes currently receiving a great deal of publicity is the anti-merger section of the Clayton Act-section 7. The statute prohibits the acquisition by one corporation of stock or assets of another corporation, "where in any line of commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly." It is designed to eliminate the merger as a means to amassing monopoly power by prohibiting at its incipiency the lessening of competition or the creation of monopoly power through merger. A finding …


The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock Jun 1965

The Relativity Of Economic Evidence In Merger Cases-Emerging Decisions Force The Issue, Betty Bock

Michigan Law Review

The following discussion explores the interaction between law and economics as these two disciplines relate to the issues which arise under section 7 of the Clayton Act, as amended in 1950, and examines the correlative problems implicit in the working arrangements between lawyers and economists when they are asked to counsel an enforcement agency or an acquiring or acquired company concerning the potential competitive consequences of a merger.


The Antitrust Expediting Act- A Critical Reappraisal, Robert C. Bonges May 1965

The Antitrust Expediting Act- A Critical Reappraisal, Robert C. Bonges

Michigan Law Review

The Expediting Act has been subject to some rather severe criticism from the bench and bar. At the extreme, it has been suggested that the act be repealed and the procedure for appealing government civil antitrust cases be completely overhauled. Even proponents of the act have acknowledged its need of revision, but there is little agreement among them on the extent and nature of desirable change. This comment will explore the origins, development, and current role of the Expediting Act in order to help determine what course revision, if it is needed, should follow.


Federal Law Held To Govern Effect Of The Release Of A Joint Tortfeasor In Private Antitrust Suit-Winchester Drive-In Theatre, Inc. V. Twentieth Century Fox Film Co., Michigan Law Review May 1965

Federal Law Held To Govern Effect Of The Release Of A Joint Tortfeasor In Private Antitrust Suit-Winchester Drive-In Theatre, Inc. V. Twentieth Century Fox Film Co., Michigan Law Review

Michigan Law Review

Private antitrust litigation occasionally raises the question of whether state or federal law should be applied to determine the effect of the release of a joint tortfeasor. When federal law is applied, as it was in Winchester Drive-In Theatre, Inc. v. Twentieth Century-Fox Film Co., there remains the necessity of formulating a rule of federal law, since there appears to be no established federal rule governing releases in antitrust suits.


An Antitrust Primer, By Earl W. Kintner, Daniel J. Baum Apr 1965

An Antitrust Primer, By Earl W. Kintner, Daniel J. Baum

Indiana Law Journal

No abstract provided.


Reciprocity And The Federal Antitrust Laws, Bernard E. Harvith Apr 1965

Reciprocity And The Federal Antitrust Laws, Bernard E. Harvith

Washington Law Review

The Jones Chemical Company is considering its next purchase of the cardboard barrels in which it packages much of its output. The salesman from Smith Paper Products suggests that his firm be given preference, since it purchases large quantities of chemicals from Jones. He even hints that those purchases will be increased if Jones will make the "right" decision in regard to its orders. This prediction proves to be correct, after Jones purchases its barrels from Smith. These firms are engaging in a common business practice which has come to be called "reciprocity." This modern industrial version of the ancient …


Federal Private Antitrust Action Is Characterized As Penal Under State Law, Anon Apr 1965

Federal Private Antitrust Action Is Characterized As Penal Under State Law, Anon

Washington Law Review

Plaintiffs brought a treble damage action under section 4 of the Clayton Act alleging violations by defendant oil companies of sections 1 and 2 of the Sherman Act. These violations purportedly occurred some two years prior to the filing of plaintiffs' action. The district court for the southern district of California dismissed the action on the ground that it was barred by the one year California statute of limitations relating to statutory forfeitures or penalties. On appeal, the Court of Appeals for the Ninth Circuit affirmed. Held: A private antitrust action under the Clayton Act is an action to recover …


Liabilities Of Corporate Officers For Violations Of Fiduciary Duties Concerning The Antitrust Laws, Wesley E. Forte Apr 1965

Liabilities Of Corporate Officers For Violations Of Fiduciary Duties Concerning The Antitrust Laws, Wesley E. Forte

Indiana Law Journal

No abstract provided.


Closed Dealer Territories, Alan A. Milinowski Apr 1965

Closed Dealer Territories, Alan A. Milinowski

Buffalo Law Review

No abstract provided.


Use Of Criminal Pleas In Aid Of Private Antitrust Actions, Frank L. Seamans, Donald C. Winson, Robert C. Mccartney Jan 1965

Use Of Criminal Pleas In Aid Of Private Antitrust Actions, Frank L. Seamans, Donald C. Winson, Robert C. Mccartney

Duquesne Law Review

Few fields of law have experienced a more dramatic pace of development in recent years than has that of the private antitrust action. After several decades of relative quiescence, the action for treble damages has grown in significance as an antitrust enforcement device at a rapidly accelerating rate since World War 11. Especially since the advent of the multitude of Electrical Industry Antitrust Cases in 1960, such private antitrust litigation has occupied a large segment of the time and effort of many judges and of many more lawyers throughout the country. Although few have come to trial, 3 this set …


Territorial Trademark Rights And The Antitrust Laws, Richard F. Dole Jan 1965

Territorial Trademark Rights And The Antitrust Laws, Richard F. Dole

Michigan Legal Studies Series

Trademarks are devises used by business men to distinguish their goods from those of others. The utility of trademarks to purchasers lies in the identification of different lines of merchandise by different trademarks. On the other hand, perhaps the greatest advantage of trademarks to business derives from the connotations associated with marks by skillful advertising. Legal protection of trademark rights thus has a dual aspect: preventing others from copying marks both guards the identification function of trademarks and maintains exclusive rights in the commercial value of trademarks created by advertising. A Senate committee described the hybrid nature of trademark protection …


Trade Regulation--Sale Below Cost--Evidence Of Intent, Eugene Mullins Jan 1965

Trade Regulation--Sale Below Cost--Evidence Of Intent, Eugene Mullins

Kentucky Law Journal

No abstract provided.


Anti-Trust Commercial Baking-Product Test For Restraint Of Trade And Attempt To Monopolize Under The Sherman Act, Stephen J. Johnson Jan 1965

Anti-Trust Commercial Baking-Product Test For Restraint Of Trade And Attempt To Monopolize Under The Sherman Act, Stephen J. Johnson

Kentucky Law Journal

No abstract provided.


Horizontal And Vertical Restraints Of Trade: The Legality Of Motion Picture Splits Under The Antitrust Laws, James S. Gordon Jan 1965

Horizontal And Vertical Restraints Of Trade: The Legality Of Motion Picture Splits Under The Antitrust Laws, James S. Gordon

Articles by Maurer Faculty

No abstract provided.


An Experiment In Preventive Anti-Trust: Judicial Regulation Of The Motion Picture Exhibition Market Under The Paramount Decrees, James S. Gordon Jan 1965

An Experiment In Preventive Anti-Trust: Judicial Regulation Of The Motion Picture Exhibition Market Under The Paramount Decrees, James S. Gordon

Articles by Maurer Faculty

No abstract provided.


Buyers Liability Under Sections 2(D) And 2(E) Of The Robinson-Patman Act - Max Factor & Co. And Shulton, Inc. Jan 1965

Buyers Liability Under Sections 2(D) And 2(E) Of The Robinson-Patman Act - Max Factor & Co. And Shulton, Inc.

Maryland Law Review

No abstract provided.


Icc Conditions Merger Approval Upon Retention Of Jurisdiction To Allow Inclusion Of Additional Railroads In The Future, Michigan Law Review Jan 1965

Icc Conditions Merger Approval Upon Retention Of Jurisdiction To Allow Inclusion Of Additional Railroads In The Future, Michigan Law Review

Michigan Law Review

In two recent merger proceedings under section 5(2) of the Interstate Commerce Act, Seaboard Air Line R.R. - Merger-Atlantic Coast Line R.R. and Norfolk & W. Ry. and New York, C. & St. L. R.R.-Merger, the Interstate Commerce Commission imposed conditions" whereby it retained jurisdiction over the proceedings for five years to allow specified railroads to petition for inclusion in the new railway systems. Their inclusion would be ordered if found by the Commission, after a full hearing, to be consistent with the public interest.


Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review Jan 1965

Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review

Michigan Law Review

Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …


Ftc 5 And Robinson-Patman: Unfair Method Of Legislation Or Fair Method Of Administration, Jeffrey Averett Brodkin Jan 1965

Ftc 5 And Robinson-Patman: Unfair Method Of Legislation Or Fair Method Of Administration, Jeffrey Averett Brodkin

Villanova Law Review

No abstract provided.


Antitrust - Resale Price Maintenance - Bona Fide Consignment Considered A Sale For The Purpose Of Antitrust Laws, Thomas C. Siekman Jan 1965

Antitrust - Resale Price Maintenance - Bona Fide Consignment Considered A Sale For The Purpose Of Antitrust Laws, Thomas C. Siekman

Villanova Law Review

No abstract provided.