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Full-Text Articles in Law

Single Firm Conduct, George A. Hay Dec 2014

Single Firm Conduct, George A. Hay

George A. Hay

My assignment is to discuss likely future developments involving single firm conduct. I will first discuss general trends and then move on to discuss some specific areas of the law. At the outset, however, I should remind the reader that what follows are predictions, not endorsements.


Oligopoly, Shared Monopoly, And Antitrust Law, George A. Hay Dec 2014

Oligopoly, Shared Monopoly, And Antitrust Law, George A. Hay

George A. Hay

No abstract provided.


Horizontal Agreements: Concept And Proof, George A. Hay Dec 2014

Horizontal Agreements: Concept And Proof, George A. Hay

George A. Hay

It is well established that, absent some very special circumstances, agreements on price or certain other terms of trade by otherwise competing entities (i.e., "horizontal agreements") are unlawful per se under the Sherman Act. In practical effect, once the fact of the horizontal agreement has been established, an adverse impact on competition is presumed, and therefore that the plaintiff is spared the burden of proving such an impact. The principal task for plaintiffs in such cases, therefore, is establishing the existence of an agreement.

In the ideal world (from plaintiffs' perspective), there would be "hard" evidence of a "formal" agreement. …


Is The Glass Half-Empty Or Half-Full?: Reflections On The Kodak Case, George A. Hay Dec 2014

Is The Glass Half-Empty Or Half-Full?: Reflections On The Kodak Case, George A. Hay

George A. Hay

No abstract provided.


The Ftc And Pricing: Of Predation And Signaling, George A. Hay Dec 2014

The Ftc And Pricing: Of Predation And Signaling, George A. Hay

George A. Hay

This paper summarizes and comments on two recent FTC cases. The first case involved accusations of predatory pricing against Borden, the manufacturer of ReaLemon, the dominant brand of reconstituted lemon juice. The second involved price-signaling and other so-called facilitating practices by the four makers of lead-based antiknock compounds.


Trinko: Going All The Way, George A. Hay Dec 2014

Trinko: Going All The Way, George A. Hay

George A. Hay

No abstract provided.