Law Commons^™

State Buy-American Laws - Is There A Judicial Solution?, George C. Lamb, Iii

Vanderbilt Law Review

State buy-American statutes are among the most peculiar of legislative responses to problems of unemployment and low levels of economic growth in the United States. Designed to decrease unemployment among American workers by promoting the development of American industry, the statutes typically require that purchasers of goods to be used in state-subsidized projects prefer products manufactured in America over those made in foreign countries, often regardless of price or quality.' State buy-American statutes are presently in effect in a number of states, despite criticism that they constitute devices of economic protectionism for domestic goods and barriers to a unified United …

Denial Of Standing To Private,Noncommercial Consumers Under Section 4 Of The Clayton Act, David L. O'Daniel

Vanderbilt Law Review

The Sherman Act and the Clayton Act are efforts by Congress to promote a free and competitive economy and to compensate those injured by anticompetitive activities. To supplement government enforcement, section 7 of the Sherman Act provided a means of combating antitrust violations through private treble damage actions. Section 4 of the Clayton Act, which superseded section 7 of the Sherman Act with only slight modification, provides for treble damage actions by "any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws"....

In light of the uncertainty regarding private consumer …

The Rule Of Reason Restored: National Auto Brokers V. General Motors Corporation, V. Thomas Jordan Jr.

North Carolina Central Law Review

No abstract provided.

The "Market Necessity" Defense In Antitrust: A New Limit On The Area For Application Of Per Se Rules?, Clement B. Wood

Indiana Law Journal

No abstract provided.

Bribery And Brokerage: An Analysis Of Bribery In Domestic And Foreign Commerce Under Section 2 ( C ) Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note first analyzes the substantive and jurisdictional criteria of section 2(c) to evaluate the possible and the desirable scope of its applicability to commercial bribery. The Note next asks whether this statute reaches bribery of domestic and foreign government officials and concludes that where the requirements of section 2(c) are otherwise met and where the person accepting the bribe is acting administratively rather than politically, the statute could be applied to bribery of agents of domestic governments. However, a wholesale application of section 2( c) to bribery of foreign government agents would leave American competitors in foreign commerce defenseless …

United States Antidumping Rules., A. Paul Victor

St. Mary's Law Journal

Abstract Forthcoming.

Certification: A Practical Devise For Early Screening Of Spurious Antitrust Litigation, W. Cole Durham Jr., Jonathan A. Dibble

BYU Law Review

No abstract provided.

Antitrust Alchemy: Liquid Asphalt To Black Gold, David R. Kamerschen, David C. Neveln

North Carolina Central Law Review

No abstract provided.

Keys To Unlock The Interlocks: Dealing With Interlocking Directorates, Richard P. Murphy

University of Michigan Journal of Law Reform

The use of interlocking directorates by American industrial and commercial corporations is widespread. Section 8 of the Clayton Act has been interpreted as prohibiting only interlocks between directly competing firms. There are other kinds of interlocks with substantial anticompetitive effects, however, that have essentially escaped any regulation under the antitrust laws. This article will examine whether the deleterious effects of unregulated interlocks should be a source of concern. It will conclude that these interlocks should not remain unregulated because they are presumptively anticompetitive, produce problems that section 8 was designed to address, and conflict with the basic goals of the …

The Professions And Noncommercial Purposes: Applicability Of Per Se Rules Under The Sherman Act, Jonathan Cobb Dickey

University of Michigan Journal of Law Reform

This article will examine the doctrine of noncommercial purpose in the professional context and assess whether conduct undertaken by the professions conforms to the presumptions underlying the per se doctrine. It is the thesis of this article that the per se doctrine should not preclude inquiry into whether a valid noncommercial purpose justifies conduct undertaken in good faith by a profession to regulate its membership or to advance some other public interest. This article concludes that, with respect to professions, the goals of the Sherman Act are better served by inquiry into noncommercial purposes and application of the rule of …

Parker And Usery: Portended Constitutional Limits On The Federal Interdiction Of Anticompetitive State Action, Mark L. Davidson, Robert D. Butters

Vanderbilt Law Review

This Article examines in detail the policies underlying these recent Supreme Court decisions interpreting the Sherman Act and shows that they have equal applicability to FTC enforcement of the Clayton and FTC Acts. The Article identifies the factual criteria used by the courts for distinguishing state and private conduct that is subject to the antitrust laws, and to congressional commerce dictates, from sovereign state regulatory conduct that is immune from antitrust sanction. The Article then focuses on the impact of Usery, which provides constitutional support for the so-called state action doctrine that was originated in Parker v. Brown. Finally, we …

Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott

Vanderbilt Law Review

Book Reviews:

The Antitrust Penalties: A Study in Law and Economics By Kenneth G. Elzinga and William Breit

Reviewed by George A. Hay

The Antitrust Penalties was published in 1976. Its main mes-sage is that the only efficient antitrust penalty is a heavy fine and that incarceration comes out poorly by any benefit-cost standard.Later that year, in a celebrated and possibly unprecedented appearance, newly appointed Assistant Attorney General Donald I. Baker argued before a federal district judge that jail sentences were the appropriate penalty for a group of defendants who had just been convicted in one of the major price-fixing …

Horizontal Divestiture In The Petroleum Industry, Jesse W. Markham, Anthony Hourihan

Vanderbilt Law Review

"Divestiture" as applied to the oil industry has now clearly come to mean different things to different people, and often different things to the same people. On the one hand it has taken on all the attributes of a political slogan, very much like the "free silver"battle cry of the 1890's. It inspired the introduction of over twenty bills in the Ninety-Fifth Congress and served as a plank in the Democratic Party's platform of 1976, providing the one rallying point for the dozen or so candidates who sought the party's presidential nomination. In fact, during the autumn of 1976 political …

The Role Of Attempt To Monopolize In Antitrust Regulation: An Economic And Social Justification For A New Approach, Joel R. Tew

Vanderbilt Law Review

Attempt to monopolize is an elusive concept. The number of divergent views demonstrates the complexity the courts face in re-solving the controversy. The first step toward resolution requires are thinking of antitrust values. The many legal tangents have not produced a satisfactory result primarily because they are formulated on a value base that is incompatible with the functional requirements of the competitive process. While economic efficiency is a relevant goal of antitrust, it should not be and has not been the only goal. The evolving socioeconomic structure requires broadly based antitrust policy that acknowledges economic and noneconomic values and facilitates …

Texas V. United States Steel Corp. And Illinois V. Sarbaugh: The Disclosure And Use Of Grand Jury Transcripts In Private Antitrust Litigation, Stephen Paul Juech

Loyola University Chicago Law Journal

No abstract provided.

The International Reach Of United States Antitrust Law And The Significance Of Timberlane Lumber Co. V. Bank Of America, Richard D. Allred

University of Richmond Law Review

The United States Congress clearly has the power to regulate commerce within its territorial boundaries and with foreign nations, pursuant to Article I, Section 8 of the Constitution. However, implementation of the framers' policy decision to protect American markets and provide an open economic atmosphere has created a myriad of problems and questions with the overwhelming rise of multinational corporations internationally and domestically. In early attempts to deal with anti-competitive forces, Congress in 1890 enacted the Sherman Anti-trust Act. In addition to its efforts in 1890, Congress has periodically responded to international and domestic antitrust needs. The Clayton Act of …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Code and Custom in a Thai Provincial Court

By David M. Engel

Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.

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Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean

By the International Commission of Jurists and The Organization of Commonwealth Bar Associations

Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.

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Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa

Edited by A.A. Husseiny

New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.

The Contemporary Antitrust Regulation Of Joint Ventures In The European Economic Community, Stephen O. Spinks

Vanderbilt Journal of Transnational Law

The joint venture is a form of organization widely used in international business. Although anticompetitive effects of mergers, interlocking directorates, and cartels are more frequently the targets of enforcement efforts under antitrust laws than joint ventures, the latter can be equally effective in reducing competition in the market place.

The legal status of joint ventures in various jurisdictions has remained a subject of some confusion possibly because of their hybrid nature--not quite cartels, yet not quite mergers. This confusion still exists to some extent in the United States, despite the fact that the Supreme Court has held that section 7 …

United States V. Bechtel Corporation: Antitrust And The Arab Blacklist, James H. Longstreet

Vanderbilt Journal of Transnational Law

In January 1977, the Antitrust Division of the Justice Department and the Bechtel Corporation entered a proposed final settlement of the antitrust suit filed by the United States one year earlier. The complaint had charged that Bechtel, one of the world's largest construction firms, and four of its affiliates, had implemented the Arab League boycott of Israel and of "pro-Israeli" domestic firms. This settlement of the Antitrust Division's first attack on the thirty-year-old Arab boycott has resulted in a consent accord which outlines a permissible course of conduct for United States firms seeking trade with the Arab world, but leaves …

Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Time Charter--Shipowner's Contractual Right to Withdraw Services of Vessel upon Charterer's Failure to Provide Punctual Payment is not Extinguished by Late Tender of Payment

Richard F. Cook, Jr.

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Antitrust--Treble Damages--A Foreign Sovereign is a "Person" entitled to Sue under Section 4 of the Clayton Act

Edward Cage Brewer, III

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Customs search of International Mail--A Customs Search of International Mail is Authorized by 19 C.F.R. § 145.2 and Incorporates the Reasonable Cause to Suspect Requirement of 19 U.S.C. § 482

Daniel R. Wofsey

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Jurisdiction and Procedure--Discovery--Party unable to comply with Discovery Order which Contravenes Foreign Nondisclosure …

Pfizer, Inc. V. India: Foreign Sovereigns' Standing To Sue For Treble Damages, 12 J. Marshall J. Prac. & Proc. 187 (1978), Gary M. Shaw

UIC Law Review

No abstract provided.

Mergers Under The Burger Court: An Anti-Antitrust Bias And Its Implications, Howard R. Lurie

Villanova Law Review

No abstract provided.

Antitrust - Treble-Damage Action - Hanover Shoe Inc. Rule Bars Offensive Use Of Passing-On Doctrine By Indirect Purchaser, Karen Lee Turner

Villanova Law Review

No abstract provided.

The Legal And Economic Status Of Vertical Restrictions, Joanne R. Alfano

Villanova Law Review

No abstract provided.

The N.F.L.'S Final Victory Over Smith V. Pro-Football, Inc.: Single Entity - Interleague Economic Analysis, Terrance Ahern

Cleveland State Law Review

The financial expansion of the N.F.L. has been accompanied by the promulgation of league rules to ensure league stability. These rules include several player service market restraints, which have been adopted by the N.F.L. to ensure competitive equality between the franchises. This note analyzes the validity of these restraints under the Sherman Antitrust Act in light of the recent decision of the District of Columbia Circuit Court of Appeals in Smith v. Pro Football, Inc. and presents a new approach to the economic structure of the N.F.L. which may validate the current restraints.

The N.F.L.'S Final Victory Over Smith V. Pro-Football, Inc.: Single Entity - Interleague Economic Analysis, Terrance Ahern

Cleveland State Law Review

The financial expansion of the N.F.L. has been accompanied by the promulgation of league rules to ensure league stability. These rules include several player service market restraints, which have been adopted by the N.F.L. to ensure competitive equality between the franchises. This note analyzes the validity of these restraints under the Sherman Antitrust Act in light of the recent decision of the District of Columbia Circuit Court of Appeals in Smith v. Pro Football, Inc. and presents a new approach to the economic structure of the N.F.L. which may validate the current restraints.

Annual Survey Of Antitrust Developments: 1976-1977, Peter C. Carstensen

Washington and Lee Law Review

No abstract provided.

The Mccarran-Ferguson Act: Expanding The Boycott Exception

Washington and Lee Law Review

No abstract provided.