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Full-Text Articles in Law

Denial Of Standing To Private,Noncommercial Consumers Under Section 4 Of The Clayton Act, David L. O'Daniel Nov 1978

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 Section 4 of the Clayton Act, which superseded section 7 of the Sherman Act with only slight modification, provides for treble damage actions by "any person who shall be injured in his business or property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 "Market Necessity" Defense In Antitrust: A New Limit On The Area For Application Of Per Se Rules?, Clement B. Wood Oct 1978

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.


Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott Mar 1978

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 …


Antitrust: Standing For Foreign Governments, Richard Jacobson Jan 1978

Antitrust: Standing For Foreign Governments, Richard Jacobson

Case Western Reserve Journal of International Law

No abstract provided.


Books Received, Journal Staff Jan 1978

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 Jan 1978

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 Jan 1978

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 Jan 1978

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 …


Mergers Under The Burger Court: An Anti-Antitrust Bias And Its Implications, Howard R. Lurie Jan 1978

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 Jan 1978

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 Jan 1978

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

Villanova Law Review

No abstract provided.