Law Commons^™

Afterword: Could A Merger Lead To Both A Monopoly And A Lower Price?, Alan A. Fisher Ph.D., Robert H. Lande, Walter Vandaele

All Faculty Scholarship

This article demonstrates that significant net efficiencies from a merger could cause prices to decrease, even if the merger results in a monopoly. The article also shows that a price focus would require substantially more efficiencies to justify an otherwise anticompetitive merger than would an efficiency focus (in other words, it re-does the Williamsonian merger tradeoff, using price to consumers instead of net efficiencies as its focus). We demonstrate this by calculating how large the necessary efficiency gains would have to be to prevent price increases under different market conditions.

Efficiency Considerations In Merger Enforcement, Alan A. Fisher Ph.D., Robert H. Lande

All Faculty Scholarship

This is one of the first articles to demonstrate that the primary goal of antitrust is neither exclusively to enhance economic efficiency, nor to address any social or political factor. Rather, the overriding intent behind the merger laws was to prevent prices to purchasers from rising due to mergers (a wealth transfer concern). This is the first article to show how to analyze mergers with this goal in mind. Doing so challenges the fundamental underpinnings of Williamsonian merger analysis (which assumes mergers should be evaluated only in terms of net efficiency effects).

In this and three related articles we re-do …

Municipal Defenses To Antitrust Liability, Patrick R. James

University of Arkansas at Little Rock Law Review

No abstract provided.

The Individual Coercion Doctrine And Tying Agreements: An Economic Analysis, Roger D. Blair, Jeffrey Finci

Florida State University Law Review

No abstract provided.

The Extraterritorial Application Of German Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Antitrust System: An Impediment To The Development Of Negotiation Models, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle

Maryland Journal of International Law

No abstract provided.

Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham

Vanderbilt Journal of Transnational Law

Antitrust--Noerr-Pennington Extends Immunity from Sherman Act to Foreign Litigation and Foreign Acts that result in Alleged Antitrust Violations, Coastal States Marketing, Inc. v. Hunt, 694 F.2d 1358 (5th Cir. 1983).

Antitrust--Foreign Import Cartels are Liable under the Sherman Act although domestic export competitors are shielded with a Webb-Pomerene exemption. Daishowa International v. North Coast Export Co., 1982-2 Trade Cas.64,774 (N.D. Cal.).

State Action Immunity And Preemption In Antitrust Challenges To State Pricing Laws: Alcoholic Beverage Control Board V. Taylor Drug Stores, Inc., Randy Donald Shaw

Kentucky Law Journal

No abstract provided.

An Administrative Law Perspective On Consensual Decisionmaking, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Apparent Authority And Antitrust Liability: An Incompatible Combination? American Society Of Mechanical Engineers, Inc. V. Hydrolevel Corporation, James R. Palmer

Nova Law Review

A "new vicarious antitrust liability doctrine"" has emerged from a

recent Supreme Court decision2 that combines the agency concept of

apparent authority with civil antitrust liability.'

Thoughts On Extraterritorial Application Of The United States Antitrust Laws, John H. Shenefield

Fordham Law Review

No abstract provided.

The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart

Faculty Publications

No abstract provided.

Municipal Antitrust Liability After Boulder, Andrew W. Lester

Oklahoma Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Emerging Financial Centers: Legal and Institutional Framework

Edited by Robert C. Effros

Washington, D.C.: International Monetary Fund, 1982. Pp. xvi, 1150. $35.00.

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The Foreign Corrupt Practices Act

By George C. Greanias and Duane Windsor

Lexington, Massachusetts: Heath and Co.,1982. Pp. ix, 187. $23.95.

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Foreign Commerce and the Antitrust Laws Vols. I-II.

By Wilbur L. Fugate

Boston and Toronto: Little, Brown and Company, 1982. Vol. I, pp. xxiv, 427; vol. II, pp. xxiv, 460. $100.00.

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The Fund Agreement in the Courts: Volume II.

By Joseph Gold

Washington, D.C.: International Monetary Fund, 1982. Pp.xii, 499. $17.50.

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International Capital …

The Inconvenient Forum And Internationl Comity In Private Antitrust Actions, Mladen Don Kresic

Fordham Law Review

No abstract provided.

Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey

Northwestern Journal of International Law & Business

There is an almost universally held perceptoin that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy. Huge balance of payments deficits in recent years, the increasingly successfuly and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industry have all fuedl this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; and second, a …

Alternative Approaches To Municipal Antitrust Liability, Martin Cronin

Fordham Urban Law Journal

This Comment argues that preemption analysis, applied when federal statutes conflict with state or municipal enactments, should be used by the courts in applying the Parker doctrine to municipalities. Alternatively, this Comment advocates a qualified municipal exemption from the antitrust laws. Since municipalities receive less federal deference than states, this exemption should not be coextensive with that enjoyed by states under the Parker doctrine. However, the preferential treatment that municipalities receive in our federalist system as compared to private parties mandates formulation of a municipal exemption. Constitutional and practical difficulties encountered under substantive antitrust law, and at the remedies stage, …

Bank Mergers: Agency Review And The Changing Line Of Commerce, Tommy Leung

Fordham Urban Law Journal

Conflicting criteria put forth by Congress and the Justice Department have caused confusion among the bank regulatory agencies and within the banking idustry with respect to two important issues: (1) whether the antitrust laws should be applied to bank mergers within the vacuum of Justice Department analysis or whether there should be a greater emphasis on agency participation in reviewing proposed mergers, and (2) whether commercial banking should continue as the relevant line of commerce when antitrust standards are applied.