Antitrust and Trade Regulation Commons^™

Per Se Illegality Of Concerted Refusals To Deal: A Rule Ripe For Reexamination, Joseph P. Bauer

Journal Articles

Section 1 of the Sherman Act proscribes [e]very contract, combination . . . or conspiracy, in restraint of trade. Early Supreme Court cases interpreting this provision held that it required a determination by the trier of fact of the reasonableness of the challenged conduct in each case — an approach which came to be known as the rule of reason. In subsequent cases, however, the Court has held that certain conduct is unreasonable per se. That is, once a court has determined that such conduct has taken place, it is foreclosed from undertaking an inquiry into the reasonableness of that …

Challenging Conglomerate Mergers Under Section 7 Of The Clayton Act: Today's Law And Tomorrow's Legislation, Joseph P. Bauer

Journal Articles

Federal antitrust enforcement has undergone a radical transformation in the past decade. The change in enforcement patterns has been most noticeable in the area of merger law. The magnitude of this shift, the confusion that has characterized the case law accompanying it, and the increasing prominence of conglomerate mergers as a means to corporate expansion form the basis for this article. The primary source for regulation of mergers under the antitrust laws is section 7 of the Clayton Act, which proscribes those corporate acquisitions “where in any line of commerce in any section of the country, the effect of such …

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 …

The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer

Journal Articles

Preventive maintenance is a doctrine with which lawyers are becoming—or should become—increasingly familiar. Since the field of antitrust law is potentially fraught with dire consequences for corporate clients, it is an area in which the doctrine of preventive maintenance should be liberally applied.

Flood V. Kuhn (407 U.S. 258) Trial Transcript, United States District Court- Southern District Of New York

Curt Flood Trial: May 19 - June 10, 1970

No abstract provided.

Insurance (Annual Survey Of The Law Of New Jersey, 1954-55), Robert E. Rodes

Journal Articles

The survey year seems, as far as the law of Insurance in New Jersey is concerned, to have been more portentous than eventful. Across the river in New York, it has been decided that a company may be a partial subscriber to a rating bureau. Now, another company is attempting, with at least partial success, to write certain types of fire insurance there at 20% less than the bureau rate. These inroads on the bureau structure in New York will certainly have an effect throughout the country in the years to come. But what came to New York with a …

The Moving Picture Anti-Trust Cases, Thomas F. Broden

Journal Articles

United States v. Paramount Pictures, Inc., et al. involves a consideration by the Supreme Court of The United States of the guilt of a vast segment of the nation-wide movie industry of a district court conviction of re- straining and monopolizing interstate trade in the distribution and exhibition of films. Not only were the violations of the Sherman Act by the largest moving picture film distributors of the country in issue, but a more difficult problem, that of what to do about the violations, was presented to the Supreme Court for its consideration.

From a reading of the majority opinion …