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Articles 1 - 30 of 45
Full-Text Articles in Law
Q&A With Lina Khan, Chair Of The U.S. Federal Trade Commission And Mark Glick, Professor Of Economics At The University Of Utah, Lina M. Khan
Faculty Scholarship
Let me tell you a little about Lina. Lina attended Yale Law school and while a third-year law student she wrote her famous and influential article Amazon’s Anti-Trust Paradox. Then, after graduating from law school, she worked as the legal director at the Open Markets Institute and during that period she continued to write a large number of influential antitrust papers. She then joined the faculty of my alma mater, Columbia Law School. In 2019, she was appointed as counsel to the U.S. House Judiciary Subcomittee on Antitrust, Commercial, and Administrative Law and, in 2021, President Biden appointed her …
The Transformation Of Vertical Restraints: Per Se Illegality, The Rule Of Reason, And Per Se Legality, D. Daniel Sokol
The Transformation Of Vertical Restraints: Per Se Illegality, The Rule Of Reason, And Per Se Legality, D. Daniel Sokol
D. Daniel Sokol
Robert Bork probably had the single most lasting influence on antitrust law and policy of anyone in the past 50 years. To read the 1978 Antitrust Paradox today, one is struck by how closely contemporary case law tracks Bork's policy prescriptions. The speed at which the transformation in law and policy occurred in antitrust is perhaps unprecedented across any area of common law. In the 1970s, antitrust jurisprudence and enforcement policies were in tension with industrial organization economics. Bork created a unified goal for antitrust based on a “consumer welfare prescription” to shape the development of the case law. The …
Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law
Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm
Georgia Journal of International & Comparative Law
No abstract provided.
“Antitrust's Least Glorious Hour”: The Robinson-Patman Act, Roger D. Blair, Christina Depasquale
“Antitrust's Least Glorious Hour”: The Robinson-Patman Act, Roger D. Blair, Christina Depasquale
UF Law Faculty Publications
In The Antitrust Paradox, Robert Bork explored many of antitrust’s misadventures. Specifically, Bork severely criticized the Robinson-Patman Act, which he characterized as “antitrust’s least glorious hour.” In this paper, we explore Bork’s criticism of the Robinson-Patman Act along with those of other legal scholars and economists. We analyze the central prohibitions of the act and explore their competitive implications. We also show that the act’s unfortunate prohibitions have been muted by the antitrust agencies’ benign neglect and three recent Supreme Court decisions.
The Transformation Of Vertical Restraints: Per Se Illegality, The Rule Of Reason, And Per Se Legality, D. Daniel Sokol
The Transformation Of Vertical Restraints: Per Se Illegality, The Rule Of Reason, And Per Se Legality, D. Daniel Sokol
UF Law Faculty Publications
Robert Bork probably had the single most lasting influence on antitrust law and policy of anyone in the past 50 years. To read the 1978 Antitrust Paradox today, one is struck by how closely contemporary case law tracks Bork's policy prescriptions. The speed at which the transformation in law and policy occurred in antitrust is perhaps unprecedented across any area of common law. In the 1970s, antitrust jurisprudence and enforcement policies were in tension with industrial organization economics. Bork created a unified goal for antitrust based on a “consumer welfare prescription” to shape the development of the case law. The …
What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller
What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller
Akiva A Miller
New information technologies have dramatically increased sellers’ ability to engage in retail price discrimination. Debates over using personal information for price discrimination frequently treat it as a single problem, and are not sufficiently sensitive to the variety of price discrimination practices, the different kinds of information they require in order to succeed, and the different ethical concerns they raise. This paper explores the ethical and legal debate over regulating price discrimination facilitated by consumers’ personal information. Various kinds of “privacy remedies”—self-regulation, technological fixes, state regulation, and legislating private causes of legal action—each have their place. By drawing distinctions between various …
The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii
The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii
Cleveland State Law Review
One cannot study the history of antitrust law without running headlong into the opinions of Associate Justice William 0. Douglas. In his thirty-six years on the Supreme Court, he authored thirty-five majority opinions and nearly as many dissenting or concurring opinions in cases involving antitrust questions or issues. It is quite probable that Justice Douglas authored more antitrust opinions, both for the majority and in dissent, than any Supreme Court justice in history. This Article will attempt to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that …
Antitrust—Robinson-Patman Act—No Salt Added: The Supreme Court Promotes Healthy Competition By Taking The Salt Out Of The Robinson-Patman Act. Volvo V. Reeder-Simco, 126 S. Ct. 860 (2006)., James Paul Purnell
University of Arkansas at Little Rock Law Review
Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …
The Report Of The Attorney General's National Committee To Study The Antitrust Laws: A Retrospective, Thomas E. Kauper
The Report Of The Attorney General's National Committee To Study The Antitrust Laws: A Retrospective, Thomas E. Kauper
Michigan Law Review
In 1955, the third year of the Eisenhower administration, the Michigan Law Review published what I believe to be the only symposium on antitrust law ever to appear in its pages. The occasion was the release in March of that year of a Report of the Attorney General's National Committee to Study the Antitrust Laws,2 a nearly fourhundred- page examination of virtually all facets of federal antitrust doctrine and enforcement. The pages of the symposium led me of course to revisit the Report itself, a visit a little like seeing an old high school friend long forgotten some forty years …
Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore
Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore
University of Richmond Law Review
The antitrust laws are a minefield for the uninitiated. Indicative of this reality is the fact that there were no successful civil lawsuits alleging a violation of the antitrust laws brought in Virginia over the past year. A number of conspiracy, monopolization and price discrimination cases were attempted, but they all failed for a variety of reasons outlined in greater detail below. In contrast to the national trend, no antitrust cases with regard to health care were decided in Virginia during the past year. The absence of such cases represents a dramatic change from previous experience, which perhaps reflects the …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
Once again this past year, the Fourth Circuit and the federal courts in Virginia proved inhospitable to antitrust plaintiffs. Plaintiffs consistently lost on summary judgment and only one plaintiff survived a motion to dismiss. The only major development in the law in the Fourth Circuit came from the Western District of Virginia where Judge James C. Turk refused to recognize the theory of monopoly leveraging under Section 2 of the Sherman Act.
The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review
The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review
Michigan Law Review
This Note argues that sections 2(d) and 2(e) were meant to cover only disguised discriminations not within the scope of section 2(a). If the seller's conduct falls within the scope of section 2(a), that section must be applied regardless of whether or not the conduct also falls within the language of section 2(d) or 2(e). Only when section 2(a) does not apply is recourse available under sections 2(d) and 2(e). Part I of this Note looks at general antitrust policy, the limitations of the Clayton Act that led to the enactment of the Robinson-Patman Act, and the legislative history of …
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
University of Richmond Law Review
On January 13, 1982, the United States Supreme Court rendered an opinion against the City of Boulder, Colorado, which expanded the potential liability of local governmental entities and their officials to claims under the federal antitrust laws. The Supreme Court essentially held that a municipality cannot obtain immunity from antitrust claims unless it satisfies a stringent test. Due to the broad language of the opinion, virtually every activity in which a local governmental entity engages, including the traditional activities of zoning, licensing, franchising, purchasing and operating public utilities, has become subject to antitrust challenges that may require a trial on …
The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.
The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.
William & Mary Law Review
No abstract provided.
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
University of Richmond Law Review
An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.
Bribery And Brokerage: An Analysis Of Bribery In Domestic And Foreign Commerce Under Section 2 ( C ) Of The Robinson-Patman Act, Michigan Law Review
Bribery And Brokerage: An Analysis Of Bribery In Domestic And Foreign Commerce Under Section 2 ( C ) Of The Robinson-Patman Act, Michigan Law Review
Michigan Law Review
This Note first analyzes the substantive and jurisdictional criteria of section 2(c) to evaluate the possible and the desirable scope of its applicability to commercial bribery. The Note next asks whether this statute reaches bribery of domestic and foreign government officials and concludes that where the requirements of section 2(c) are otherwise met and where the person accepting the bribe is acting administratively rather than politically, the statute could be applied to bribery of agents of domestic governments. However, a wholesale application of section 2( c) to bribery of foreign government agents would leave American competitors in foreign commerce defenseless …
Overpayments In Supplier Promotional Programs: The Ftc Solution, Eliot G. Disner
Overpayments In Supplier Promotional Programs: The Ftc Solution, Eliot G. Disner
Villanova Law Review
No abstract provided.
Supplier Compliance With Section 2(D) Of The Robinson-Patman Act - An Examination Of The Fred Meyer Guides, Barry H. Feinberg
Supplier Compliance With Section 2(D) Of The Robinson-Patman Act - An Examination Of The Fred Meyer Guides, Barry H. Feinberg
Villanova Law Review
No abstract provided.
Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin
Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin
Michigan Law Review
A Review of The New Deal and the Monopoly Problem By E. W. Hawley
Service Of Process-Federal Rules Of Civil Procedure-Service Of Process In Italy On Alien Corporate Defendant Permitted In A Federal Antitrust Action-Hoffman Motors Corp. V. Alfa Romeo S.P.A.., Michigan Law Review
Michigan Law Review
Plaintiff, an American automobile distributor, brought suit in a federal court in the Southern District of New York against Alfa Romeo S.p.A., an Italian corporation, for violation of the Robinson- Patman and Auto Dealers' Acts. Service of process was made personally on defendant's general manager in Italy by an Italian attorney appointed for that purpose by the district court, and by registered mail as prescribed by the New York statute for extraterritorial service. Defendant moved to dismiss for lack of personal jurisdiction as to the Robinson-Patman claim on the ground that section 12 of the Clayton Act limits the territorial …
Oppenheim: Unfair Trade Practices, Cases And Comments, Glen E. Weston
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
Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker
Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker
Michigan Law Review
A Review of Perspectives on Antitrust Policy edited by Almarin Phillips
Dual Distribution And Vertical Integration Under The Robinson-Patman Act, Thomas M. Lofton
Dual Distribution And Vertical Integration Under The Robinson-Patman Act, Thomas M. Lofton
Indiana Law Journal
No abstract provided.
Meeting Competition In Good Faith, And The Premium Product, Arthur D. Austin
Meeting Competition In Good Faith, And The Premium Product, Arthur D. Austin
Cleveland State Law Review
The broad purpose of the Robinson-Patman Act is to prohibit sellers from granting price allowances, and other specified benefits which give competitive advantage to a purchaser and also discriminate against his competitors. It came into existence largely because the Clayton Act had proven ineffective in dealing with the chain store, which made sizeable capital investments "in facilities for performing bulk storage, redelivery, and financing, so as to 'integrate' the retailing and wholesaling functions... and to eliminate middleman profits by dealing with the manufacturer directly." The claims generated such concern among the independents that they demanded and obtained legislative relief. Whether …
Recent Antitrust Developments-1964, Milton Handler
Recent Antitrust Developments-1964, Milton Handler
Michigan Law Review
Ever since the passage of the Sherman Act, the courts have consistently refused to permit the requirements of antitrust to be circumvented by the easy expedient of dressing a sale in the vestments of a sham agency agreement. In Dr. Miles Medical, where the Supreme Court first held vertical price fixing unlawful, the seller and buyer denominated their agreement as an "agency," but the Court properly concluded that it was, in fact, a sale. Likewise, in Standard-Magrane, the first occasion on which the Court considered section of the Clayton Act, the seller purported to appoint his customers as …
Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin
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
The Gasoline Price Wars: A Case Study Of The Shortcomings Of The Mandatory Processes
The Gasoline Price Wars: A Case Study Of The Shortcomings Of The Mandatory Processes
Indiana Law Journal
Symposium on the Federal Trade Commission: A Program of Enforcement
Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed.
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 …
Federal Antitrust Law--Price Discrimination--Proof And Measurement Of Damages In Treble Damage Action, Richard A. Miller S.Ed.
Federal Antitrust Law--Price Discrimination--Proof And Measurement Of Damages In Treble Damage Action, Richard A. Miller S.Ed.
Michigan Law Review
Section 2(a) of the Robinson-Patman Act makes it unlawful for a seller to charge buyers who compete with each other different prices for commodities of like grade and quality. Price discrimination which violates this section operates to confer an unlawful benefit upon a favored buyer by making his costs of obtaining, using, or reselling the particular commodities involved lower than the similar costs of non-favored buyers and puts non-favored buyers at a competitive disadvantage to the extent that the difference in costs affects the ability of favored and non-favored buyers to compete with one another. If this wrongfully induced competitive …