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Articles 1 - 9 of 9
Full-Text Articles in Law
Broadcast Music, Inc. V. Cbs, Lewis F. Powell, Jr.
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
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
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
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
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
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
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
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
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.