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Michigan Law Review

1954

Clayton Act

Articles 1 - 3 of 3

Full-Text Articles in Law

Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi Jun 1954

Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi

Michigan Law Review

This comment will deal solely with the last two forms of discrimination prohibited by sections 2(d) and (e) of the Robinson-Patman Act, and will attempt to illustrate the present state of the law and offer a possible alternative construction and method of implementation of these sections. A recent ruling of the FTC in a group of cases appears to be significant with respect to controversial aspects of sections 2(d) and (e), and indicative of the present attitude of the Commission in the search for an adequate standard by which honest businessmen may keep within the confines of the law. These …


Regulation Of Business - Proof Of Seller's Costs In Robinson-Patman Act Buyer Proceedings, Arthur M. Wisehart S.Ed. Feb 1954

Regulation Of Business - Proof Of Seller's Costs In Robinson-Patman Act Buyer Proceedings, Arthur M. Wisehart S.Ed.

Michigan Law Review

The purposes of this comment are to analyze the holding of the Court in the Automatic Canteen case and to relate the language of the opinion to the more general problem of defining the extent of buyer responsibility under section 2(f). As a preliminary matter, however, it is necessary to examine the pertinent statutory provisions. Section 2(f) of the Robinson-Patman Act makes it unlawful for buyers in interstate commerce" ... knowingly to induce or receive a · discrimination in price which is prohibited by this section." In other words, it prohibits buyers from knowingly inducing or receiving the benefit of …


The Treble Damage Bonanza: New Doctrines Of Damages In Private Antitrust Suits, Homer Clark Jan 1954

The Treble Damage Bonanza: New Doctrines Of Damages In Private Antitrust Suits, Homer Clark

Michigan Law Review

Section 7 of the Sherman Act, as amended by section 4 of the Clayton Act, gives a private right of action for treble damages to persons injured "in . . .business or property by reason of anything forbidden in the antitrust laws. . . ." The lucrative possibilities of this section for plaintiffs and their attorneys have recently received sufficient notoriety to arouse curiosity concerning the legal doctrines involved.

The purposes of the section have been said to include compensation for those affected by violations, prevention of violations, and assistance for the government in discovering and bringing before the courts …