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Articles 1 - 10 of 10

Full-Text Articles in Law

Andus V. Allard, Lewis F. Powell Jr. Oct 1979

Andus V. Allard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr. Oct 1979

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 Jan 1979

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 Jan 1979

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 Jan 1979

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 Jan 1979

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 Jan 1979

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. Jan 1979

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 Jan 1979

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 Jan 1979

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 …