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Full-Text Articles in Law

Mergers In Regulated Industries: The Role Of The Regulatory Agency., C. Paul Rogers Iii Jun 1975

Mergers In Regulated Industries: The Role Of The Regulatory Agency., C. Paul Rogers Iii

St. Mary's Law Journal

The merger of two or more independent business enterprises into a single business entity is the antithesis of the underlying policy in our economic system—the promotion of competition. However, regulatory agencies often face the major problem of applying antitrust provisions promoting freedom of competition in an industry where competition is restricted by law. It is commonly understood that if left unregulated private mergers of independent businesses tend to have anti-competitive impacts, i.e., the creation of monopolies. On the other hand, anti-trust laws and the agencies promulgating them function within highly regulated sectors where the government controls who may participate. The …


Recent Cases, Richard C. Stark, Gerard T. Nebel, Craig V. Gabbert, Jr., Mary E. Mann Mar 1975

Recent Cases, Richard C. Stark, Gerard T. Nebel, Craig V. Gabbert, Jr., Mary E. Mann

Vanderbilt Law Review

Recent Cases

Administrative Law--Federal Trade Commission Act--Restitution Held Improper in Section Five Cease and Desist Order

Richard C. Stark

Congress enacted section five'° of the Federal Trade Commission Act in 1914 to supplement" the antitrust provisions of the Sherman Act.'" The section declared unfair methods of competition illegal and placed the power to define and prohibit unfair methods in the hands of an independent regulatory commission, the FTC.' In conferring this power, Congress intended this body of experts to educate and guide the business community toward the goal of securing higher standards of business conduct.

Sherman Act, antitrust

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Constitutional …


Books Received, Journal Staff Jan 1975

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

ABSTRACTION AND USE OF WATER: A COMPARISON OF LEGAL REGIMES By Ludwik A. Teclaff

New York, United Nations Publications,1972. Pp. iv, 254. $5.50.

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CONSULATE OF THE SEA AND RELATED DOCUMENTS

By Stanley S. Jados

University, Alabama: The University of Alabama Press,1975. Pp. xvi, 326. $12.00

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FOOTSTEPS INTO THE FUTURE

by Rajni Kothari

New York: The Free Press, 1974. Pp. xxiii, 173. $8.95.

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THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT

Edited by H. Gary Knight

St. Paul, Minnesota: West Publishing Co., 1975.Pp. xiii, 253. $14.00.

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THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW

By Edward McWhinney

Leiden: A.W. …


Book Reviews, Joseph J. Norton, L. Harold Levinson Jan 1975

Book Reviews, Joseph J. Norton, L. Harold Levinson

Vanderbilt Journal of Transnational Law

When considered as an installment in the unfolding of Friedmann's views, based on his earlier writings, the conclusion to the book under review is to be cherished. When considered, on the other hand, solely in context of the contributed chapters of the same volume, the conclusion does not emerge as Friedmann at his most forceful or persuasive. To find the best of Friedmann, we need only sample his prolific contributions to the law reviews, whether on the United States involvement in the Vietnam conflict, the judgment of the International Court in the South West Africa cases, the risks to humanity …


Professional Activities And The Antitrust Laws, Joseph P. Bauer Jan 1975

Professional Activities And The Antitrust Laws, Joseph P. Bauer

Journal Articles

Few subjects in international law raise such incorrigible conflicts of interest as the exercise of extraterritorial jurisdiction in the antitrust context. As one commentator asked with respect to a U.S. court's assertion of jurisdiction over British defendants, "[h]ow could American law, how could an American judgment applying American law possibly vary the rights and obligations created by an English contract to be performed outside the United States?" Indeed, international law is based on the notion that a state occupies a definite territory, within which it normally exercises exclusive jurisdiction.

Yet this traditional doctrine of "territorial jurisdiction" has slowly given way …


Transfers Of Foreign Technology In Latin America: The Birth Of Antitrust Law?, Lawrence F. Ebb Jan 1975

Transfers Of Foreign Technology In Latin America: The Birth Of Antitrust Law?, Lawrence F. Ebb

Fordham Law Review

No abstract provided.


United States Antitrust Laws And International Transfers Of Technology--The Government View, Joel Davidow Jan 1975

United States Antitrust Laws And International Transfers Of Technology--The Government View, Joel Davidow

Fordham Law Review

No abstract provided.


Bank Mergers And Potential Competition, Thomas J. O'Connell Jan 1975

Bank Mergers And Potential Competition, Thomas J. O'Connell

Fordham Law Review

No abstract provided.


Sec Regulation As A Pervasive Regulatory Scheme--Implied Repeal Of The Antitrust Laws With Respect To National Securities Exchange And The Nasd, Barbara D. Gonzo Jan 1975

Sec Regulation As A Pervasive Regulatory Scheme--Implied Repeal Of The Antitrust Laws With Respect To National Securities Exchange And The Nasd, Barbara D. Gonzo

Fordham Law Review

No abstract provided.


Recent Developments In German Antitrust Law, Dr. Kurt E. Markert Jan 1975

Recent Developments In German Antitrust Law, Dr. Kurt E. Markert

Fordham Law Review

No abstract provided.


Techniques And Antitrust Aspects Concerning Foreign Entry, Stephen M. Axinn Jan 1975

Techniques And Antitrust Aspects Concerning Foreign Entry, Stephen M. Axinn

Fordham Law Review

No abstract provided.