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Full-Text Articles in Law
Fraudulent Concealment, Self-Concealing Conspiracies, And The Clayton Act, Richard F. Schwed
Fraudulent Concealment, Self-Concealing Conspiracies, And The Clayton Act, Richard F. Schwed
Michigan Law Review
This Note argues that courts should apply a self-concealment standard to section 4B of the Clayton Act rather than require a showing of additional affirmative acts. Part I examines the history of the fraudulent concealment doctrine and its application to antitrust cases. It identifies three different standards used by courts to satisfy the concealment element and finds that courts apply the doctrine inconsistently. Part II analyzes the relationship between the fraudulent concealment doctrine and the self-concealment standard in antitrust cases by examining the judicial development of the doctrine and Congress' intent in enacting section 4B. Part II concludes that the …
Horizontal Mergers: Law, Policy, And Economics, George A. Hay, Gregory J. Werden
Horizontal Mergers: Law, Policy, And Economics, George A. Hay, Gregory J. Werden
Cornell Law Faculty Publications
The legality of a horizontal merger under section 7 of the Clayton Act turns on a reckoning of its social costs and benefits. This paper reviews what economics has to say about that reckoning and explores the relationship between economic learning and merger law and policy.
Transnational Production Joint Ventures And United States Antitrust Law: Evaluating The Proposed National Cooperative Production Amendments, Timothy K. Armstrong
Transnational Production Joint Ventures And United States Antitrust Law: Evaluating The Proposed National Cooperative Production Amendments, Timothy K. Armstrong
Faculty Articles and Other Publications
The explosion of the United States trade deficit in the last decade or so has produced a bumper crop of self-appointed experts offering various cures for the competitive decline of key domestic industries. Among their less obvious diagnoses is that the United States government strangles domestic businesses through the antitrust laws, which forbid industrial cartels that might be better able to match the competitiveness of the Japanese. For good or ill, the Bush Administration has hewn a path fairly close to this corporatist orthodoxy, and Congress has also appeared willing to loosen the hold of antitrust laws on United States …