Law Commons^™

Contribution Among Antitrust Defendants, Jane G. Parks

Vanderbilt Law Review

This Recent Development argues that no single federal common law rule of contribution exists and that federal securities law decisions provide the best analogy from which to imply a right of contribution under the antitrust laws. Thus, the Recent Development proposes that the Supreme Court should fashion a rule permitting contribution among antitrust defendants.

A Simplified Approach To Tying Arrangements: A Legal And Economic Analysis, Joseph P. Bauer

Vanderbilt Law Review

This Article will first examine the legal and economic theories applicable to tying arrangements. The Article will then examine the present confused state of the law, and will conclude by proposing a simplified test for evaluating future conduct. The Supreme Court has stated that "tying arrangements serve hardly any purpose beyond the suppression of competition."' If this is true, there is no logical justification for the two separate steps of the analysis, distinguishing the "existence" and "liability" issues; therefore, it is proposed that they be combined. In determining whether there is a tie,it may be relevant to determine whether the …

The Protection Of Trading Interests Act Of 1980: Britian's Response To U.S. Extraterritorial Antitrust Enforcement, Tina J. Kahn

Northwestern Journal of International Law & Business

The extraterritorial enforcement of U.S. antitrust laws has long generated discontent between the United States and several European nations.1 While not alone in attributing extraterritorial jurisdiction to its antitrust laws, the United States is among the minority in this re- gard,2 joined only by the European Economic Community,3 Austria,4 and the Federal Republic of Germany.

Five Conflicts Over Income Distribution In The Motion Picture-Television Industry, John Cirace

Villanova Law Review

No abstract provided.

Antitrust Law - Standing - Direct Purchasers From Defendants' Competitors Lack Standing To Bring Treble Damage Action, Indirect Purchasers From Defendants Have Standing To Seek Injunctive Relief, Robert C. Mickle

Villanova Law Review

No abstract provided.

Antitrust Law - The Requirement Of An Instruction On Intent In Per Se Criminal Violations Of Section 1 Of The Sherman Act, Andy Susko

Villanova Law Review

No abstract provided.

The Right To Jury Trial In Complex Litigation: In Re Japanese Electronic Products Antitrust Litigation [1980-2] Trade Cases (Cch) 63,421 (3d Cir., July 7, 1980) , Kenneth D. Pack

Maryland Journal of International Law

No abstract provided.

Relative Value Guides And The Sherman Antitrust Act, David R. Simonsen, Jr.

Vanderbilt Law Review

The skyrocketing costs of health care services for the American people constitute a crisis of national importance.' The seriousness of this crisis is reflected in the attention that antitrust enforcement agencies of the federal government are giving to the health care industry. The agencies are responding, at least in part, to the common perception that these skyrocketing costs result as much from the restrictive trade practices of the health care industry as from the growing use of sophisticated technology and inflation. Competition is viewed as an antidote to increasing prices and antitrust laws as the vehicle by which federal agencies …

The Exchange Of Price Information As A Restraint Of Trade: Reassessing Per Se Rules In Light Of First Amendment Protection Of Commercial Speech, Craig R. Maginness

Fordham Law Review

No abstract provided.

Potential Production: A Supply Side Approach For Relevant Product Market Definitions, Robert L. Hubbard

Fordham Law Review

No abstract provided.

International Application Of American Antitrust Laws: Issues And Proposals, James A. Rahl

Northwestern Journal of International Law & Business

American antitrust policy in foreign commerce is once again under the pressure of complaints from at home and abroad.' It may seem anomalous that laws intended to protect competition are charged with impairing American "competitiveness," but that is the contention heard in Congress and in business quarters.2 Meanwhile, some foreign nations, including a few who have recently enacted new antitrust laws of their own, complain that our antitrust laws are too aggressive.3 Given the large amount of current discussion and the number of different proposals in Congress, careful study of the issues and of possi- ble solutions is certainly indicated.

Recent Decisions, Scott R. Valby, Jeffrey P. Marston, Thomas W. Baker

Vanderbilt Journal of Transnational Law

Aliens--An Immigration Regulation that Distinguishes Among Aliens by National Origin Must Have a Rational Basis to Satisfy the Equal Protection Guarantee of the Fifth Amendment

Scott R. Valby

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Antitrust--Extraterritorial Application of the Sherman Act Should Not be Curtailed at the Pre-Discovery Stage if Significant United States Interests are Involved and there are Factual Disputes Concerning the Applicability of the Act of State Doctrine

Jeffrey Paul Marston

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Transportation--Interstate Commerce Act--ICC has Plenary and Exclusive Jurisdiction over Joint through Routes between Outlying Possessions or Territories and the United States

Thomas William Baker

Competition, Trade, And The Antitrust Division: 1981, Joel Davidow

Northwestern Journal of International Law & Business

One of the primary purposes-some would say the primary pur- pose--of antitrust laws is to promote efficient allocation of resources and maximum consumer choice by preventing and punishing artificial barriers to competition and unreasonable restraints of trade.' The An- titrust Division of the U.S. Department of Justice has therefore con- cerned itself with the task of breaking down those barriers. In the domestic field, this policy has traditionally taken the form of prosecut- ing persons and corporations who engage in price fixing or market divi- sion, or who obtain or maintain monopoly power by means of abusive practices. More recently, …

Symposium: Transnational Issues In American Antitrust Law

Northwestern Journal of International Law & Business

On September 30, 1980, the United States Senate passed a bill that would establish a commission to study the international application of American antitrust laws.' The creation of this commission was prompted in part by the popular belief that the current application of U.S. antitrust laws impedes vigorous American export activity to the detriment of our competitive standing in world markets.2 On the other hand, several foreign nations, angered by extraterritorial application of U.S. laws, have recently enacted statutes that inhibit the ability of anti- trust plaintiffs in the United States to obtain discovery and to collect judgments. In this …

The Need For A Thoughtful Assessment Of The Application Of U.S. Antitrust Law To International Transactions, Mark R. Joelson

Northwestern Journal of International Law & Business

It is commonly said that the United States antitrust laws are a cor- nerstone of our free enterprise system and our economic philosophy. It is another truism--one of more recent origin-that the most significant markets and arenas of competition today are the international ones. The daily business news bears out this conclusion. Yet one must also conclude that the relationship between these two indispensable features of our economic life-antitrust laws and international trade-is a troubled one which provides ample material for confusion, dispute and law review comment. Moreover, the debate over the application of United States antitrust law to international …

What Should Be The Agenda Of A Presidential Commission To Study The International Application Of U.S. Antitrust Law, Douglas E. Rosenthal

Northwestern Journal of International Law & Business

If the proposed Presidential Commission to study the Interna- tional Application of the U.S. Antitrust Law (Commission)' is to com- plete its work within the one year period contemplated and is to achieve more than a superficial gloss of a large and complex area, I believe it will be necessary for the Commission to concentrate its atten- tion on the conflicts between the four important goals of foreign eco- nomic policy.

Jurisdictional And Antitrust Considerations In The Regulation Of The New Communications Technologies, Michael Botein

Articles & Chapters

No abstract provided.

There Is A Fountain: The Autobiography Of A Civil Rights Lawyer / Legal Regulation Of The Competitive Process, Leonard B. Boudin, Kenneth B. Germain

Vanderbilt Law Review

There is a Fountain: The Autobiography of a Civil Rights Lawyer Reviewed by Leonard B. Boudin --

This book is unlike other good legal autobiographies, such as those of D.N. Pritt,' Clarence Darrow, and more recently Charles Morgan," for Lynn throughout his life was very poor, a radical and,most importantly, Black. Those portions of his autobiography that recount his political life in college and in later years make exciting and important reading. Lynn was the only member of the Young Communist League at Syracuse University in the early 1930s, and was a member of the American Communist Party in his …

A Simplified Approach To Tying Arrangements: A Legal And Economic Analysis, Joseph P. Bauer

Journal Articles

Few types of antitrust conduct have received as much treatment from the Supreme Court as tying arrangements. This practice, which is unlawful per se when certain prerequisites are met, may be defined as an agreement by a party to sell one product [the tying product] but only on the condition that the buyer also purchases different (or tied) product, or at least agrees that he will not purchase that product from any other supplier. Notwithstanding this extensive Supreme Court attention, there is as much heat as light in this area. The doctrine that has developed is often unpredictable and frequently …

The Role Of International Law In The World Community, John H. Spencer

International Law Studies

No abstract provided.