Law Commons^™

Vertical Restraints, George A. Hay

Cornell Law Faculty Publications

No abstract provided.

Some Considerations Which May Lead Lawmakers To Modify A Policy When Adopting It As Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Vertical Restraints After Monsanto, George A. Hay

Cornell Law Faculty Publications

The decision in Monsanto Co. v. Spray-Rite Service Corp. represents the Supreme Court's latest effort to articulate the standards governing vertical restraints of trade under the United States anti-trust law. It is unlikely that this will be the last time the Court addresses this topic. Notwithstanding the many Supreme Court decisions in this area, several issues remain unresolved. Indeed, Monsanto may have created (or resurrected) as many new questions as it answered, a phenomenon characteristic of most prior opinions in this area.

At least part of the reason for this unsettled state is that, from the outset, the Supreme Court …

Anti-Trust And Economic Theory: Some Observations From The Us Experience, George A. Hay

Cornell Law Faculty Publications

Recent developments in US anti-trust can be characterised as reflecting the uneasy interaction of two quite separate phenomena: first, the increased emphasis on economic analysis as the overriding organising principle of anti-trust policy and on economic efficiency as the primary (perhaps only) relevant goal for anti-trust; second, the long-standing reluctance of the federal judiciary to involve itself in any substantive economic analysis, and the preference, instead, for simple rules of thumb or ‘pigeon holes’ to sort out lawful from unlawful conduct. The result has been that while economics has played a major role, it has not influenced American anti-trust as …