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Full-Text Articles in Law

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White Apr 1992

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

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The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …


Corporate Law Through An Antitrust Lens, Edward B. Rock Apr 1992

Corporate Law Through An Antitrust Lens, Edward B. Rock

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No abstract provided.


The Economic Structure Of The Post-Contractual Corporation, William W. Bratton Jan 1992

The Economic Structure Of The Post-Contractual Corporation, William W. Bratton

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No abstract provided.


Preaching To Managers, Edward B. Rock Jan 1992

Preaching To Managers, Edward B. Rock

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No abstract provided.


Public Values And Corporate Fiduciary Law, William W. Bratton Jan 1992

Public Values And Corporate Fiduciary Law, William W. Bratton

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No abstract provided.


Bargaining And The Division Of Value In Corporate Reorganization, Howard F. Chang, Lucian A. Bebchuk Jan 1992

Bargaining And The Division Of Value In Corporate Reorganization, Howard F. Chang, Lucian A. Bebchuk

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No abstract provided.