Law Commons^™

Antitrust Provisions Of The Atomic Energy Act, Richard Cosway

Vanderbilt Law Review

"It is ... declared to be the policy of the United States that... the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise." These are almost the first words of the Atomic Energy Act of 1954 which, in stating the policy of the United States, establish the goals to be sought. As stated, the strengthening of free competition is a goal; it is not the device by which the other goals are to be achieved. Apparently of …

Refusal To Sell, Vernon A. Mund

Vanderbilt Law Review

Today, the business practice of refusal to sell is one of the principal antitrust complaints. However, paradoxically, it is a complaint which receives practically the least amount of attention and relief. Typically, the antitrust agencies treat reports on refusal to sell with the generalized reply that "the seller has the right to choose his own customers." The very number of complaints, however, as well as an economic analysis of the practice itself, points to the need for a reevaluation of this business practice and for a reappraisal of the currently applicable judicial decisions.

As we shall see in the present …

"Cartels" Under The New German Cartel Statute, Heinrich Kronstein

Vanderbilt Law Review

On January 1, 1958, the "Cartel Statute" of the Federal Republic of Germany' became effective. American interests in this event are threefold: (1) During the past decade Americans have tried to convince the Western world that in an industrial, democratic society legislation of the American antitrust type is imperative. Is the German cartel statute a piece of legislation of this type? (2) The enactment of the statute brings to an end the application of Law No. 56 enacted by the American Military Government on January 28, 1947. The Paris Treaty between the Allied Powers and Germany provided that the Allied …

The Impact On Business Of Antitrust Decrees, Philip Marcus

Vanderbilt Law Review

Government regulation of business may not be widespread but it is not unknown in this country. The source of such regulation normally,however, is a federal or state statute. Sometimes, as in the case of the Fair Trade Laws, businessmen have even promoted such regulation. Less well known, but often far-reaching, is the regulation of business conduct through antitrust judgments. Needless to say, generally such judgments are not welcomed by those to whom they apply.

About five hundred civil antitrust judgments have been entered in cases brought by the United States under the antitrust laws.' Cease and desist orders of the …

Worldmarks And The Antitrust Law, Rudolf Callmann

Vanderbilt Law Review

Like all things, trademark rights can also be exploited for sinister purposes. A trademark can, for example, be used in violation of the antitrust laws and no elaborate references need be made to the legislative history of the Lanham Act to demonstrate that the Act was "not intended to undermine the anti-trust laws."' Certain specific provisions of the Act clearly disclose the legislative intent to dissuade a trademark owner from using his mark in violation of the antitrust laws.

The Legality Of Trade Association Statistical Reporting Under The Antitrust Laws, Harry Kemker

Vanderbilt Law Review

Of the myriad economic functions performed by trade associations,the practice of gathering, compiling, and disseminating trade statistics is doubtless one of the most important.' Although the numerous statistical reporting programs vary markedly in size and scope, it seems safe to say that at least two-thirds of all trade associations indulge in some form of statistical activity. The beginning of this trade association statistical reporting is usually attributed to the theories contained in a book called The New Competition, written by A. J. Eddy and published in 1912. The concept championed by this work was "open competition," and an important part …

A Note On Concentration Studies And Antitrust Policy, Jesse W. Markham

Vanderbilt Law Review

The current interest in industrial concentration studies almost rivals that which gave rise to the Temporary National Economic Committee's voluminous output on the subject two decades ago. Indeed,by almost any standard, 1957 was a banner year. The Federal Trade Commission opened the season with its 656-page report in January. The National Industrial Conference Board devoted a session to the topic at its forty-first annual meeting in May. In July the Bureau of the Census published its study performed at the request of the Senate Subcommittee on Antitrust and Monopoly. In June the Chamber of Commerce of the United States issued …