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Articles 1 - 10 of 10
Full-Text Articles in Law
Andus V. Allard, Lewis F. Powell Jr.
California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr.
California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Scholarly Works
No abstract provided.
The Law And Economics Of Vertical Restrictions: A Relational Perspective, Victor P. Goldberg
The Law And Economics Of Vertical Restrictions: A Relational Perspective, Victor P. Goldberg
Faculty Scholarship
Vertical restrictions between franchisors and their dealers have long been a thorny problem in antitrust law. Richard Posner's characterization of the case law as a "fiasco" and a "doctrinal shambles" is echoed by many other commentators. Perhaps partly because of the intellectual confusion in the area, the Supreme Court recently made an apparently sharp change in direction. In Continental T.V., Inc. v. GTE Sylvania Inc. the Court reversed the decade-old Schwinn per se doctrine, holding that at least some vertical restrictions deserve a rule of reason test. Whether this decision will prove a more durable precedent than Schwinn remains …
Per Se Illegality Of Concerted Refusals To Deal: A Rule Ripe For Reexamination, Joseph P. Bauer
Per Se Illegality Of Concerted Refusals To Deal: A Rule Ripe For Reexamination, Joseph P. Bauer
Journal Articles
Section 1 of the Sherman Act proscribes [e]very contract, combination . . . or conspiracy, in restraint of trade. Early Supreme Court cases interpreting this provision held that it required a determination by the trier of fact of the reasonableness of the challenged conduct in each case — an approach which came to be known as the rule of reason. In subsequent cases, however, the Court has held that certain conduct is unreasonable per se. That is, once a court has determined that such conduct has taken place, it is foreclosed from undertaking an inquiry into the reasonableness of that …
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Summary Judgements In Antitrust Conspiracy Litigation, C. Paul Rogers Iii.
Summary Judgements In Antitrust Conspiracy Litigation, C. Paul Rogers Iii.
Faculty Journal Articles and Book Chapters
No abstract provided.
Joint Ventures And The Justice Department's Antitrust Guide For International Operations, Joseph F. Brodley
Joint Ventures And The Justice Department's Antitrust Guide For International Operations, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Emerging Issues With Respect To Merger Enforcement Standards, Daniel F. Kolb, Edward W. Large, David Boies, Thomas Dieterich, Malcolm R. Pfunder, Joseph P. Bauer
Emerging Issues With Respect To Merger Enforcement Standards, Daniel F. Kolb, Edward W. Large, David Boies, Thomas Dieterich, Malcolm R. Pfunder, Joseph P. Bauer
Journal Articles
I think we are particularly fortunate in the panelists who have assembled for this discussion. And I want to introduce each of them in a moment. Let me first just take a brief bit of time to describe for you what we hope to do today, which is to focus on what we think, within the general scope of merger standards, is the most important issue that we are facing at this time.
We think the key issue is the new legislation that has been proposed in Congress, which is aimed squarely at putting a limit on the size of …