Law Commons^™

Matshushita Electrical Industrial Co., Ltd V. Zenith Radio Corporation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Vertical Restraints, George A. Hay

Cornell Law Faculty Publications

No abstract provided.

The Gains From Merger Or Collusion In Product Differentiated Industries, Jonathan Baker, Timothy Bresnahan

Articles in Law Reviews & Other Academic Journals

A merger in an industry with differentiated products increases the market power of the merging firms to the extent that their products are close substitutes and that other firms produce only more distant substitutes.' Such a merger makes the residual demand curve of each partner steeper, by shifting each in the direction of the industry demand curve. The extent of this increase in market power depends upon the own-elasticity of demand for each merging firm's product, as well as the cross-elasticity of demand for each with all other firms' products. As a result, evaluating the effect of a merger between …

Reducing Unions' Monopoly Power: Costs And Benefits, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

There is a fundamental conflict between labor law and antitrust law. The antitrust laws reflect the powerful idea that competition should usually dictate the way our economy is organized, to the benefit of the economy as a whole, including workers. But the labor exemption to the antitrust laws suggests a different policy: workers should have the right to eliminate competition for wages, hours, and working conditions.

Vertical Restraints Guidelines: A Step Forward, Joe Sims, Robert H. Lande

All Faculty Scholarship

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 …

Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb

LLM Theses and Essays

Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.

Transnational Joint Ventures And Antitrust Analysis, George E. Garvey

Scholarly Articles

This article develops the argument for lenient treatment of transnational joint ventures in several sections. The first section defines ajoint venture. The second and third summarize the historical application of the antitrust laws to joint ventures in general, and to transnationaljoint ventures in particular. The fourth section explores the economic bases for analysis and briefly notes some relevant political considerations. The fifth section analyzes the application of antitrust principles to transnational ventures, emphasizing the leading historic and contemporary judicial decisions, and attempting to identify and critique the developing analytical approaches.

Finally, the article suggests a judicial and legislative response that …

New Video Technologies In The United States: Regulatory And Intellectual Property Considerations, Michael Botein

Articles & Chapters

No abstract provided.

Vertical Agreements Under Section 1 Of The Sherman Act: Results In Search Of Reasons, Mark Anderson

Articles

The application of section 1 of the Sherman Act to resale restrictions imposed by a supplier of goods requires an analysis of whether such restrictions result from an agreement and, if so, the standard applicable to the restriction. Each of these issues is a source of continuing controversy. The present position of the United States Supreme Court on the agreement issue is a product of two inappropriate influences. First, the Court has attempted to accommodate disparate interests reflected in the debate over the standards that should be applied once an agreement is proven. Second, the Court has resurrected the Colgate …

Antitrust Policy After Chicago, Herbert J. Hovenkamp

All Faculty Scholarship

This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …

The Injury Test Under The Us And Eec Antidumping And Courntervailing Law, Francois Gabriel

LLM Theses and Essays

Antidumping and countervailing legislation contain two tests. First, is the import product dumped or subsidized? Second, is it causing injury to the domestic producers? The latter test, which is the most controversial in the history of antidumping and countervailing legislation, is, in a comparative perspective between the EEC and the USA, the focus of this thesis.

Television And The Quest For Gold: The Unofficial Paper Of The 1984 Olympics, Victor P. Goldberg

Faculty Scholarship

While sitting in front of the tube watching Olympic canoeing (or Greco-Roman water polo, it's all a blur), I began to wonder about why ABC had been granted exclusive rights to televise the Olympics. The owners of the "Olympics" brand name could have sold the television rights in numerous ways. Why did they choose to have a single network provide all the coverage? Further, I mused, how did they get away with it? If the NCAA's football package violates the antitrust laws, how does the Olympic package remain within the law? It struck me that a paper speculating on the …

Application Of The Antitrust Laws To The Activities Of Insurance Companies: Heavier Risks, Expanded Coverage, And Greater Liability, Joseph Bauer, Earl W. Kintner, Michael J. Allen

Journal Articles

Since 1945 Congress has exempted certain activities of insurance companies from federal antitrust scrutiny. This exemption, provided by the McCarran-Ferguson Act, is not unqualified; it only applies to insurance company activities that constitute the "business of insurance" and that already are regulated under state law. Moreover, the exemption does not apply to activities that involve boycotts, coercion, or intimidation. The purpose of this exemption was to preserve the long tradition of state regulation of insurance, while providing federal remedies for coercive anticompetitive activities. The authors examine recent Supreme Court interpretations of the Act in light of this legislative policy and …