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Articles 1 - 9 of 9

Full-Text Articles in Law

Broadcast Music, Inc. V. Cbs, Lewis F. Powell, Jr. Oct 1978

Broadcast Music, Inc. V. Cbs, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


The Professions And Noncommercial Purposes: Applicability Of Per Se Rules Under The Sherman Act, Jonathan Cobb Dickey Apr 1978

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 …


The Role Of Attempt To Monopolize In Antitrust Regulation: An Economic And Social Justification For A New Approach, Joel R. Tew Mar 1978

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 …


Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell Jan 1978

Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell

University of Richmond Law Review

Through the years, the Supreme Court has emphasized numerous times that "[t]he heart of our national economic policy long has been faith in the value of competition." Indeed, this principle was reiterated last Term. Crucial to economic competition are the anti-trust laws, especially the Sherman Act.


Interseller Price Verification And Hard Bargaining: Reconciliation Of The Sherman Act, Robinson-Patman Act, And The Forces Of Competition , Gerald T. Ford Jan 1978

Interseller Price Verification And Hard Bargaining: Reconciliation Of The Sherman Act, Robinson-Patman Act, And The Forces Of Competition , Gerald T. Ford

Fordham Law Review

No abstract provided.


Developing A Consumer Right To Invoke The Boycott Exception To The Insurance Company Exemption From Federal Antitrust Laws, Brian Mccarthy Jan 1978

Developing A Consumer Right To Invoke The Boycott Exception To The Insurance Company Exemption From Federal Antitrust Laws, Brian Mccarthy

Fordham Urban Law Journal

The McCarran-Ferguson Act provides that the business of insurance shall be subject to the laws of the several states which relate to the regulation or taxation of such business. The Act further provides that the business of insurance shall be exempt from federal antitrust laws if state regulation exists. However, an exception to this exemption exists in section 3(b) of the McCarran Act. Section 3(b) provides that nothing within the McCarran Act shall render the Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or any act of boycott, coercion, or intimidation. Despite the seemingly clear statutory language …


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.


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.