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The Cautionary Tale Of The Failed 2002 Ftc/Doj Merger Clearance Accord, Lauren K. Peay
The Cautionary Tale Of The Failed 2002 Ftc/Doj Merger Clearance Accord, Lauren K. Peay
Vanderbilt Law Review
Antitrust law in the United States is the patchwork result of over two hundred years of evolving and often conflicting views of the government's proper role in regulating business. Depending upon the social and business climate of the era and the economic philosophies of Congress, the President, and the judiciary, federal antitrust jurisdiction has waxed and waned. The result is the current system wherein the Department of Justice Antitrust Division ("Antitrust Division") and the Federal Trade Commission ("FTC") share dual jurisdiction to enforce the federal antitrust laws. However, in the push and pull of the changing eras, the intersection of …
Avoiding Impotence: Rethinking The Standards For Applying State Antitrust Laws To Interstate Commerce, David W. Lamb
Avoiding Impotence: Rethinking The Standards For Applying State Antitrust Laws To Interstate Commerce, David W. Lamb
Vanderbilt Law Review
State antitrust laws are broadly constructed. With sweeping, general terms, often mirroring the language of the federal anti- trust laws, most state antitrust statutes manifest a legislative design to prevent-and to punish a variety of commercial activities that are anticompetitive in purpose or effect. These statutes, in conjunction with consumer protection statutes, constitute the primary vehicles through which state authorities protect consumers from harmful, anticompetitive behavior. Of course, despite the importance of state antitrust laws in preserving a competitive marketplace, the Constitution confines their reach. Through the Commerce Clause, the Constitution vests in Congress the exclusive power to regulate interstate …
Legislation, Law Review Staff
Legislation, Law Review Staff
Vanderbilt Law Review
In United States v. Philadelphia Nat'l Bank,' the Supreme Court enjoined a proposed merger of the second and third largest commercial banks in Philadelphia. The Court held, inter alia, that section 7 of the Clayton Act 2 applied to bank mergers, and that the merger in question might substantially lessen competition. Central to the reasoning of the majority was the premise that an unchecked trend toward concentration of market power in commercial banking is contrary to the public interest in maintaining competition among existing commercial banks. Since commercial banking had traditionally been considered exempt from section 7 prosecution, the cry …
The Effect Of White Motor Co. On Exclusive Selling Arrangements, Jack R. Hlustik
The Effect Of White Motor Co. On Exclusive Selling Arrangements, Jack R. Hlustik
Vanderbilt Law Review
At present, the status of exclusive selling arrangements with territorial and/or customer limitations is unsettled. Since these arrangements are not illegal per se, a full trial is necessary to adjudge their validity. Future courts, enlightened by the arguments of lawyers, the analyses of commentators, and the testimony of numerous expert witnesses, will be in a better position to formulate policies and establish guidelines in this area. Legislative proposals may be submitted to Congress to eliminate this uncertainty. Hasty legislation in this area would be unwise, however, for legislative experience in this area, like judicial experience, is limited.