Law Commons^™

Streamlining Antitrust Litigation By "Facial Examination" Of Restraints: The Burger Court And The Per Se-Rule Of Reason Distinction, Edward Brunet

Washington Law Review

Against a backdrop of a definitional skepticism, this article focuses on the important Burger Court contribution to the per se and rule of reason approaches. The Burger Court now requires a facial examination of antitrust restraints that may improve the lethargic process of antitrust litigation. Much of the article concerns the differences between the per se and rule of reason tests. The Burger Court's decisions, however, require that careful attention be given to the similar and complementary features of the rule of reason and per se methods. The article examines carefully the methodologies courts employ to classify alleged restraints as …

Mitsubishi Motors Corporation V. Soler Chrysler-Plymouth, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Town Of Hallie V. City Of Eau Claire, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review

Michigan Law Review

This Note explores the possible interpretations of the "cost of suit" provision and the policies which it implicates. It concludes that the Copper Liquor interpretation best advances the goals of the antitrust laws set forth by Congress and the courts. Part I examines the development of the present controversy among the circuits. Part II analyzes and refutes the arguments which have been set forth in support of the traditional rule. Part III explores the policy considerations which underlie private treble damage actions and concludes that the Copper Liquor interpretation of the "cost of suit" provision serves them better than does …

Antitrust Sanctions And Remedies: A Comparative Study Of German And Japanese Law, John O. Haley

Washington Law Review

The legal systems of the Federal Republic and Japan have much in common. The basic institutions and concepts of German civil, criminal, and administrative law provided the principal models for Japan's legal reforms during the late nineteenth and early twentieth centuries. Contemporary legislation and doctrinal changes in the Federal Republic also continue to influence Japanese legal developments. Despite the American origins of Japanese antitrust legislation, which was drafted by Americans and imposed during the Occupation on a less than enthusiastic Japanese government, the influence of German law and practice on Japanese antitrust law, at least since 1953, has been profound. …

American Society Of Mechanical Engineers, Inc. V. Hydrolevel Corp.:, Sandra P. Greenblatt

University of Miami Law Review

No abstract provided.

Doj Adds Revisionist Dollop To '82 Merger Guidelines, Joe Sims, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Judicial Application Of The Newspaper Preservation Act: Will Congressional Intent Be Relegated To The Back Pages?, John S. Martel, Victor J. Hayden Iii

BYU Law Review

No abstract provided.

Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs

Michigan Law Review

This paper examines whether and to what extent private civil remedies are, as a matter of law, and ought to be, as a matter of policy, available in the courts of the EEC Member States for breach of the antitrust provisions of the Treaty establishing the European Economic Community (the Treaty of Rome). These questions are addressed in Part I. Part II sets the issues in the broader context of the enforcement of the Treaty obligations of Member States. In this way, it is hoped to elucidate the relationship between national law and Community law, and also indirectly to illuminate …

Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher

Michigan Law Review

That "Third World countries" should receive the assistance of the "industrialized nations" in increasing the level of their economic development is a matter beyond dispute. Yet the years following the "economic decade" of the 1970's have made apparent a crisis in the concepts underlying this philosophy of Third World assistance. The nature of this crisis has not yet been fully ascertained, and the following text does not undertake that task. Rather, it starts from the general feeling among experts involved in one way or another with "development aid" that the paths so far followed and the methods so far applied …

Competition, Integration And Economic Efficiency In The Eec From The Point Of View Of The Private Firm, Michel Waelbroeck

Michigan Law Review

As early as 1956, experts appointed by the six original Member State governments to investigate measures to pursue integration after the failure of the European Defence Community clearly established this link between the abolition of barriers to trade and an increase in the intensity of competition. In what has come to be known as the "Spaak Report," the experts noted the technology gap then separating Europe from the United States and proposed, as a remedial measure, the creation of a ''vast zone of common economic policy, constituting a powerful production unit, and allowing a continued expansion, and increased stability, an …

Rule 10b-5-Application Of The In Pari Delicto Defense In Suits Brought Against Securities Brokers By Customers Who Have Traded On Inside Information, Mark G. Strauch

Vanderbilt Law Review

This Note advocates that courts should permit tipper defendants to assert the in pari delicto defense in private 10b-5 cases against tippee plaintiffs unless one of the first three exceptions to the analytical framework applies. Part II of this Note discusses the purpose and application of the in pari delicto defense and the four situations in which courts have rejected it. Part II also illustrate show courts analyze the in pari delicto defense in contract, anti-trust, and non-10b-5 securities cases. Part III provides a general background on the purpose of the Securities and Exchange Act of 1934 and rule 10b-5, …

Pigeonholes In Antitrust, George A. Hay

Cornell Law Faculty Publications

Iii. Antitrust Law & Trade Regulation

Washington and Lee Law Review

No abstract provided.

Law And Economy, Michigan Law Review

Michigan Law Review

A Review of Law and Economy by Kelvin Jones

Folded, Spindled, And Mutilated: Economic Analysis And U.S. V. Ibm, Michigan Law Review

Michigan Law Review

A Review of Folded, Spindled, and Mutilated: Economic Analysis and U.S. v. IBM

Unleashing The Greyhounds - The Bus Regulatory Reform Act Of 1982, William E. Thoms

Campbell Law Review

Ships have launched a thousand tales and the railroad train has inspired nostalgia, romance, mystery, folk song and melodrama. Even the over-the-road truck has given birth to the entire genre of country and western ballad. No movie of life among the glamorous rich would be complete without the obligatory scenes of dashing jet planes and handsome crews. No comparable literary tribute has arisen to the intercity bus, despite the fact of its ubiquity in modern life. Buses serve more communities than airplanes and Amtrak combined, are part of the national experience (everyone has been, if not an intercity bus passenger, …

The Extraterritorial Application Of The Export Administration Act Of 1979, Peter T. Knopf

LLM Theses and Essays

This thesis deals with the major legal issues of the gas pipeline embargo. It is not an abstract treatise on extraterritoriality under international law, but a legal expertise on the legality of the unique measures imposed in 1982. It also tries to point out the legal trends as indicated by the recent publications. The first part of the thesis examines to what extent some European firms were affected by the American embargo. The second part examines whether the President had the authority under the Export Administration Act of 1979 to impose the far-reaching extraterritorial restrictions. It concludes that the President …

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

All Faculty Scholarship

No abstract provided.

Beyond Balancing: International Law Restraints On The Reach Of National Laws, David J. Gerber

All Faculty Scholarship

No abstract provided.

Export Trade Certificates Of Review: Will Efficacy Be Permitted?, John A. Maher, Nancy J. Lamont

Penn State International Law Review

A vital concept explicit in the Export Trading Company Act (ETCA) and implicit in its Title III is that the time has come for American export cartelism. This is in response to a world in which international trading does not routinely honor the competition principles to which the United States ordinarliy adheres. Despite various successful and unsuccessful attempts, it is not America's job to reform the world. It is foolish to expect American companies to compete in world markets on terms other than those which govern their competitors.

Antitrust Issues Critical To Structuring Vertical Channels Of Distribution For Computer Businesses, 4 Computer L.J. 525 (1984), Warren G. Lavey

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Local Governmental Exposure To Antitrust Liability And Treble Damages Awards In The Wake Of City Of Lafayette And City Of Boulder, Thomas S. Malciauskas, Sandra Taliani Rasnak

Loyola University Chicago Law Journal

No abstract provided.

Dan River, Inc. V. Icahn: Disclosure Violations - Relief For Subject Management?, Carolyn C. Lavecchia, R. Stephen Nelson Jr.

University of Richmond Law Review

The heightened level of takeover activity during recent years has provoked many innovative responses from the management of subject companies that wish to remain independent. Since successful acquisition of a company usually involves the termination of its existing management, that management will often seek to mobilize the resources of the subject corporation to oppose the takeover attempt. As a result, litigation initiated by management now plays a part in virtually every takeover contest. The case of Dan River, Inc. v. Icahn, a recent Fourth Circuit decision, illustrates the use of litigation to forestall a takeover attempt.

Formulation Of The Two Part Analysis For State Action Exemption - Hoover V. Ronwin, Donald E. Harrop

Campbell Law Review

This note begins by discussing the Hoover case in light of the actual holding by the Court. It then tracks the history of the Parker doctrine and examines the Court's progression in attempting to formulate a practical analysis for the state exemption. Finally, the note shows that Justice Powell's opinion in Hoover articulated a clear and workable analytical process based on, and consistent with, previous Court decisions.

Recent Decisions, Lucy C. Gratz, Laurel C. Williams

Vanderbilt Journal of Transnational Law

Arbitration--Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).

Comment

The instant decision marks the first time a court has considered whether to apply the United States domestic policy of preserving antitrust issues for judicial determination to an international contract containing a mandatory arbitration clause. The First Circuit's decision to apply domestic policy undermines the preeminent goal of the Convention, which is to encourage arbitration …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

A Preliminary Injunction to Prevent a Party from Taking Action in a Foreign Jurisdiction that would Destroy United States Jurisdiction does not Violate Principles of Prescriptive Jurisdiction or International Comity--Laker Airways,Ltd. v. Sabena, Belgian World Airlines, 731 F.2d 909 (D.C. Cir.1984).

International Carriers are Subject to the Private Laws of a Foreign State when Carriers are Party to Trade Agreements with that Foreign State and are Doing Business within its Territorial Jurisdiction--British Airways Boardv. Laker Airways, Ltd., [1984] 3 W.L.R. 413; 23 I.L.M. 727.

Court of International Trade has Jurisdiction over Claims Challenging Regulations Governing the Importation of Goods Bearing …

Recent Decisions, Lucy C. Gratz, Laurel C. Williams

Vanderbilt Journal of Transnational Law

Arbitration Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).

Lucy C. Gratz

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International Banking--The International Banking Act of 1978 Limits the States' Ability to Regulate Foreign Bank Entry, "Conference of State Bank Supervisors v. Conover," 715 F.2d 604 (D.C. Cir. 1983), cert. denied, 104 S. Ct. 1708 (1984).

Laurel Comstock Williams

Cable Television Franchising And The Antitrust Laws: A Preliminary Analysis Of Substantive Standards, Michael Botein

Articles & Chapters

No abstract provided.

The Joint Enterprise: Collaboration Between The Public And Private Sectors, Howard Anawalt, Karen Robbins

Michigan Journal of International Law

This article first outlines the structures of the joint and tripartite enterprises. It then addresses two legal concerns facing an operational enterprise, the potential tort liability of enterprise participants and antitrust restrictions. Tort liability is a threshold concern of any joint venture or partnership, and antitrust law is a basic constraint on the operations of any business. The article proceeds to show that the problems they pose for a joint enterprise can be minimized or avoided. In the third part of the article the authors demonstrate the special utility of the joint enterprise.