Antitrust and Trade Regulation Commons^™

Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande

All Faculty Scholarship

Vertical restraints come in a glittering menu of exceptional variety, including resale price maintenance (RPM), tying, exclusive dealing, requirements contracts, "best efforts" clauses, full-line forcing, airtight and nonairtight exclusive territories, customer restrictions, areas of primary responsibility, profit-passover provisions, restrictions on locations of outlets, and dual distribution. Firms sometimes combine vertical restraints into packages. The great variety of individual and combined vertical restraints complicates the discovery of market effects. Indeed, identifying what restraint(s) a given firm is using at any particular time can be difficult.

Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle

Touro Law Review

No abstract provided.

Electric Power Transmission & Purchases : Report Of A Study By The Joint Standing Committee On Utilities, 112th Maine Legislature, Maine. Legislature. Joint Standing Committee On Utilities

Maine Collection

Electric Power Transmission & Purchases : Report Of a Study By the Joint Standing Committee on Utilities, 112th Maine Legislature

Maine Legislature. Joint Standing Committee on Utilities.

Augusta, Maine (December 2, 1986).

Contents: Introduction / Issues & Recommendations / Review of 1986 Legislation / Maine's Electric Power Picture / Technical Analysis of Transmission & Wheeling / Economic Implications of Transmission & Wheeling /. Legals Analysis of Transmission & Wheeling / Proposed Legislation / Appendices / Tables & Figures

The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note argues that sections 2(d) and 2(e) were meant to cover only disguised discriminations not within the scope of section 2(a). If the seller's conduct falls within the scope of section 2(a), that section must be applied regardless of whether or not the conduct also falls within the language of section 2(d) or 2(e). Only when section 2(a) does not apply is recourse available under sections 2(d) and 2(e). Part I of this Note looks at general antitrust policy, the limitations of the Clayton Act that led to the enactment of the Robinson-Patman Act, and the legislative history of …

New Video Technologies In The United States: Regulatory And Intellectual Property Considerations, Michael Botein

Articles & Chapters

No abstract provided.

Restricted Distribution At The Ftc: Rule Of Reason Or Reign Of Chaos, 17 J. Marshall L. Rev. 309 (1984), Seth E. Lipner

UIC Law Review

No abstract provided.

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

All Faculty Scholarship

Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.

The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.

To …

Trademarks And Competition: The Ives Cases, 15 J. Marshall L. Rev. 319 (1982), Vincent N. Palladino

UIC Law Review

No abstract provided.

The At&T Agreement: Reorganization Of The Telecommunications Industry And Conflicts With Illinois Law, 15 J. Marshall L. Rev. 563 (1982), Frederic D. Tennenbaum, Michael P. Hurst

UIC Law Review

No abstract provided.

Price Discrimination Law And Economic Efficiency, Edward H. Cooper

Articles

The Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13), undertakes to outlaw price "discrimination" upon proof of threatened injury to competition, and subject to specified defenses. Lawyers often bewail the fact that administration of this statute frequently fails to conform to an economist's notion of discrimination. For the most part, the complaints are addressed to the clear fact that, as drafted and interpreted, the statute wreaks unnecessary damage. In the name of protecting competition, competition and economic efficiency are often curtailed.

Ftc Rulemaking: The Standard For Disqualification Of A Biased Commissioner Comment., Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.

New Communications Technologies: The Emerging Antitrust Agenda, Michael Botein

Articles & Chapters

No abstract provided.

Antitrust: Consumer Standing After Reiter V. Sonotone Corp. And Illinois Brick Co. V. Illinois, John T. Doyle

Loyola University Chicago Law Journal

No abstract provided.

Jurisdictional And Antitrust Considerations In The Regulation Of The New Communications Technologies, Michael Botein

Articles & Chapters

No abstract provided.

Consumer Actions Against Unfair Or Deceptive Acts Or Practices: The Private Uses Of Federal Trade Commission Jurisprudence, Marshall A. Leaffer, Michael H. Lipson

Articles by Maurer Faculty

No abstract provided.

Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins

Villanova Law Review (1956 - )

No abstract provided.

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.

Some Reflections On Free Entry And The Rate Ceilings Under The Uniform Consumer Credit Code, Frank W. Smith Jr.

University of Richmond Law Review

"Consumer protection" in recent years has become one of the great populist concerns, particularly in the area of consumer credit. As one should expect, however, there has been no unanimity as to who should be protected from what, or from whom, nor as to the means of providing such protection. Some feel that consumer protection still means "self-protection" in the existing system-let the buyer beware-and view consumer education in a broad sense as perhaps the most important aspect of providing protection. Others view consumer protection as a matter outlawing or regulating abusive practices and giving the consumer more rights. Some …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Treble Damage Actions--Private Litigant Whose Injury Was Reasonably Foreseeable Has Standing To Sue

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Constitutional Law--Free Exercise of Religion--First Amendment Violated by Compulsory Education Statute that Prevents a Parent from Raising His Children According to His Religious Beliefs

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Constitutional Law--Immunity Statutes-Section 201 of Organized Crime Control Act of 1970, Which Provides Only Use and Fruits Immunity, Violates Fifth Amendment

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Constitutional Law-Search and Seizure--AFDC Caseworker's Visit to Home of Nonconsenting Welfare Recipient Not Prohibited by Fourth Amendment

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Consumer Protection Law-Standing -United States Has Standing To Seek Injunction Against Practice of Obtaining Default Judgments Through False Affidavits Certifying Service …

Single-Corporation Competitive Torts And The Sherman Act: A Projection Based Upon A Review Of The Albert Pick, Atlantic Heel And Perryton Cases, John H. Boone

Georgia Law Review

WITH the current vogue for new theories of antitrust liability, due in no small part to the increasing popularity of the private action, it is appropriate to consider the proper application of antitrust concepts to single-corporation competitive torts. Numerous unfair business practices have been conveniently classified under the general label of "competitive tort" because of the lack of uniformity in the application of the term "unfair competition." While as yet not widely accepted, the term "competitive tort" has the advantage of de- noting a more clearly ascertainable array of private wrongs arising in an economic or business context,2 all of …

Antitrust And The Consumer Interest, Kenneth S. Carlston, James M. Treece

Michigan Law Review

Public control of business in the United States has proceeded, in most sectors of the economy, on the assumption that free, open competition in the market should be the primary regulator. It is felt that consumer welfare will be maximized by such an organization of the economy. Courts, governmental agencies, and, to a certain extent, private agencies have performed the role of ensuring that free markets are not displaced by other, less desirable alternatives.

Tying Arrangements Under The Antitrust Laws: The "Integrity Of The Product" Defense, F. Bruce Kulp Jr.

Michigan Law Review

One of the most frequently asserted defenses to an action under either the Sherman Act or the Clayton Act against a tying arrangement-a contractual limitation imposed by a manufacturer whereby the purchaser of the "tying product" agrees to purchase a related "tied product" only from the manufacturer of the tying product-has been that the tying was necessary to protect the good will or the integrity of the tying product. Whether the tied product is service for the tying product, another component in a system in which the tying product is used, repair parts for the tying product, or any other …

Insurance - Federal Regulation - Authority Of Federal Trade Commission To Regulate False Advertising By Insurance Companies As Affected By The Mccarran-Ferguson Act, Charles C. Moore S.Ed.

Michigan Law Review

Petitioner, the FTC, issued cease and desist orders prohibiting respondent health and accident insurance companies, doing business in interstate commerce, from disseminating allegedly false and deceptive advertising through the medium of local agents. These orders, issued pursuant to the FTC act, sought to proscribe such activity both in states that had statutes prohibiting unfair and deceptive practices and in states that did not. The Courts of Appeals for the Fifth and Sixth Circuits concluded that the FTC had no authority to regulate such advertising in states which had prohibitory legislation. On certiorari to the United States Supreme Court, held, …