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Full-Text Articles in Law

Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee Nov 1979

Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee

Vanderbilt Law Review

This Article examines the Supreme Court's attempts to foster open markets by altering either the structure or the conduct of mass media enterprises." Structure and conduct are the two main determinants of market performance. Market structure "means those characteristics of the organization of a market that seem to exercise a strategic influence on the nature of competition and pricing within the market." Some characteristics of market structure include degree of buyer concentration, degree of seller concentration, degree of product differentiation, and entry conditions. Market conduct, on the other hand, comprises the practices, policies, and devices which firms employ in adjusting …


Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii Oct 1979

Decision To Prosecute: Organization And Public Policy In The Antitrust Division, C. Paul Rogers, Iii

Vanderbilt Law Review

Professor Suzanne Weaver's first book, Decision To Prosecute: Organization and Public Policy in the Antitrust Division, is a study of the Antitrust Division of the Department of Justice, its institutional behavior and its mechanisms for public policy formation.Although Professor Weaver's audience is not limited to the legal community, Decision To Prosecute will stimulate in two ways the interest of antitrust students, scholars, and practitioners. On one level, the reader will learn something about the internal operations of the Antitrust Division, and may reconsider his preformed judgments about that influential, trenchant branch of the Justice Department.


Fimex Corp. V. Barmatic Products Co.: Robinson-Patman Act - Application To Goods Purchased For Resale Abroad, David Salem Jan 1979

Fimex Corp. V. Barmatic Products Co.: Robinson-Patman Act - Application To Goods Purchased For Resale Abroad, David Salem

Maryland Journal of International Law

No abstract provided.


Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner Jan 1979

Foreign Discovery And U.S. Antitrust Policy--The Conflict Resolving Mechanisms, Donald L. Flexner

Vanderbilt Journal of Transnational Law

A look back at the last thirty years of United States antitrust's foreign "voyages of discovery" among friendly nations reveals a picture too often resembling not so much an era of good feeling as a thirty years war. Following hard upon Judge Hand's famous formulation of the "effects" doctrine in Alcoa in 1946 the Antitrust Division conducted a series of investigations in which compulsory process was used to seek documents located in foreign nations. Prodded by what they viewed as U.S. antitrust authorities' impermissible overreaching, the affected countries began to enact defensive "blocking statutes." The passage by Canada's Ontario Province …


Antitrust Law Of The European Economic Community - An Interpretation Of Articles 85 And 86 Of The Treaty Of Rome, Susan Sugar Nathan Jan 1979

Antitrust Law Of The European Economic Community - An Interpretation Of Articles 85 And 86 Of The Treaty Of Rome, Susan Sugar Nathan

Maryland Journal of International Law

No abstract provided.


Contribution In Antitrust Damage Actions, Robin Stone Sellers Jan 1979

Contribution In Antitrust Damage Actions, Robin Stone Sellers

Villanova Law Review

No abstract provided.


Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax Jan 1979

Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax

Vanderbilt Journal of Transnational Law

ACT OF STATE DOCTRINE-ACT OF STATE DOCTRINE DOES NOT PRECLUDE ADJUDICATION OF ANTITRUST CLAIM INVOLVING ALLEGED FRAUDULENT PROCUREMENT OF FOREIGN PATENTS

Gayle B. Carlson

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ADMIRALTY-DAMAGES FOR WRONGFUL DEATH ON THE HIGH SEAS ARE LIMITED TO PECUNIARY LOSS

Michael P. Coury

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ANTITRUST-E.E.C. TREATY-JOINT VENTURE AGREEMENT THAT OPERATES TO PRECLUDE ENTRY INTO A GEOGRAPHIC MARKET IS PROHIBITED UNDER ARTICLE 85 OF THE E.E.C. TREATY

Celia J. Collins

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CONSTITUTIONAL LAW-TEAS STATUTE'S DENIAL OF FREE EDUCATION TO ILLEGAL ALIENS VIOLATES EQUAL PROTECTION CLAUSE AND IS PREEMPTED BY THE IMMIGRATION AND NATIONALITY ACT

Spencer M. Sax

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SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITIES ACT …


Prepaid Legal Services: Obstacles Hampering Its Growth And Development, Thomas J. Hall Jan 1979

Prepaid Legal Services: Obstacles Hampering Its Growth And Development, Thomas J. Hall

Fordham Law Review

No abstract provided.


The Failing Company Doctrine Since General Dynamics: More Than Excess Baggage, Irene R. Diamant Jan 1979

The Failing Company Doctrine Since General Dynamics: More Than Excess Baggage, Irene R. Diamant

Fordham Law Review

No abstract provided.


Congressional Authorization Of Indirect Purchaser Treble Damage Claims: The Illinois Brick Wall Crumbles , Andrew Tureff Jan 1979

Congressional Authorization Of Indirect Purchaser Treble Damage Claims: The Illinois Brick Wall Crumbles , Andrew Tureff

Fordham Law Review

No abstract provided.


Voluntary Disclosure Programs, Jacqueline C. Wolff Jan 1979

Voluntary Disclosure Programs, Jacqueline C. Wolff

Fordham Law Review

No abstract provided.


What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson Jan 1979

What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson

Fordham Law Review

No abstract provided.


Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman Jan 1979

Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman

Northwestern Journal of International Law & Business

The impact of the United States antitrust laws on American exports has in recent years become a controversial issue, especially in view of the increasing U.S, trade deficit. In this article, Mr. Ongman employs economic analysis to determine the desirability of a protectionistic Sherman Act. He concludes that such a policy, resulting in foreign retaliation and spillover into the domestic market, would be unwise.


Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley Jan 1979

Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.


Department Of Justice Opinion Letter, Patricia M. Wald Jan 1979

Department Of Justice Opinion Letter, Patricia M. Wald

Vanderbilt Journal of Transnational Law

The Department of Justice supports the main purpose of these bills, that is, expeditious exposure of, and effective opposition to, secret cartel arrangements supported by foreign governments that cause direct injury in U. S. commerce. The Department of Justice also welcomes support for accelerated efforts toward international resolution of restrictive anticompetitive business practices. However, the Department, for the reasons stated above, recommends against enactment of H.R. 13921 and H.R. 13922 in their present forms.

We do believe the continued exploration and discussion of the need for enactment of a reporting requirement for foreign, governmentally-involved, cartels would be worthwhile. We have …


The Cartel Restriction Act Of 1979: Response To A Global Economic Problem, Albert Gore, Jr. Jan 1979

The Cartel Restriction Act Of 1979: Response To A Global Economic Problem, Albert Gore, Jr.

Vanderbilt Journal of Transnational Law

The potential for workable cartels presently exists in several commodities, and host-countries and multinationals have already initiated or attempted cartel activities in minerals and agricultural goods. The recent success of the OPEC cartel was a significant factor influencing the formation of the uranium cartel by easing corporate and governmental inhibitions against cartel activities. Given the increasing exploitative attitude among developed countries and what has been termed the "irrational solidarity" among developing countries, it is not unreasonable to expect more imitations of OPEC success wherever market conditions would allow a group of producers to extract monopoly rents from consuming nations. Such …


A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek Jan 1979

A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek

Fordham Law Review

No abstract provided.


What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson Jan 1979

What's Wrong With Conglomerate Mergers?, Michael Pertschuk, Kenneth M. Davidson

Fordham Law Review

No abstract provided.


Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik Jan 1979

Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik

Cleveland State Law Review

This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.


The Effects Of United States Antitrust Laws On The International Operations Of American Firms, Melvin Schwechter, Richard Schepard Jan 1979

The Effects Of United States Antitrust Laws On The International Operations Of American Firms, Melvin Schwechter, Richard Schepard

Northwestern Journal of International Law & Business

United States antitrust laws increasingly have affected the international activities of U.S. corporations. The business community maintains that these laws have hurt international operations. In this article, Messrs. Schwechter and Schepard consider five major areas of concern to American businessmen: potential antitrust attacks upon licensing agreements, use of the foreign sovereign compulsion doctrine as an antitrust defense, subject matter jurisdiction and discovery, application of the "rule of reason" to international joint ventures, and the multifaceted nature of antitrust enforcement. They then discuss the Justice Department's response to the business community and propose several recommendations that should help United States firms …


Antitrust - Treble Damage Action - Illinois Brick Rule Does Not Bar Suit By Direct Purchaser Of Product Which Contains Price Fixed Component Produced By Seller, Jonathan Willinger Jan 1979

Antitrust - Treble Damage Action - Illinois Brick Rule Does Not Bar Suit By Direct Purchaser Of Product Which Contains Price Fixed Component Produced By Seller, Jonathan Willinger

Villanova Law Review

No abstract provided.


Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik Jan 1979

Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik

Cleveland State Law Review

This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.


Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple Jan 1979

Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple

Cleveland State Law Review

Under the auspices of the information gathering authority granted to the Federal Trade Commission (FTC) by the Federal Trade Commission Act, the Commission has developed two corporate report programs entitled "The Line of Business [LB] Report Program" and "The Corporate Patterns Report [CPR] Program." These broad-based statistical surveys solicit from domestic corporations information on financial performance, value of shipments, net manufacturing activities, and significant acquisitions and disposals. The LB and CPR survey orders were issued to hundreds of corporations, mostly giant conglomerates. Predictably, the corporations resisted the report requirements. The inevitable result of this dispute over the LB and CPR …


Bar-Related Title Insurance Companies: An Antitrust Analysis, H. Lee Roussel, Rod J. Pera, Moses K. Rosenberg Jan 1979

Bar-Related Title Insurance Companies: An Antitrust Analysis, H. Lee Roussel, Rod J. Pera, Moses K. Rosenberg

Villanova Law Review

No abstract provided.