Antitrust and Trade Regulation Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Informal Price--Information Exchanges Held Violative of Sherman Act

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Conflict of Laws--"Contacts" Doctrine Applied to Supplement Federal Maritime Law in Diversity Action

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Constitutional Law--Fourteenth Amendment Prohibits Extended Postponement of Parole Consideration for State Inmate When Made on the Basis of an Unreliable Factual Determination

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Labor Law--Collective Bargaining-Employer May Not Enforce Collective Bargaining Agreement Provision Embodying Union Waiver of Employee's Right to Solicit Against That Union

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Labor Law-Remedies--NLRB May Order Retroactive Payment of Fringe Benefits Where Employer Wrongfully Refuses to Sign Collective Bargaining Agreement

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Religious Societies--First Amendment Prohibits Civil Courts From Determining Doctrinal Questions in Resolving Church …

The Problems: An Overview, Mark S. Massel

Vanderbilt Journal of Transnational Law

Securities regulation -- domestic and foreign -- has a technical fascination for the lawyer, whether he be a practicing attorney, corporate counsel, government regulator, or legal scholar. The intricate detail of the primary regulations and of their subsidiary byways provide opportunities for stimulating mental gymnastics. The piecing together of the various phases provides interesting occasions for experimentation, speculation, and analyzation.

Yet, a preoccupation with securities regulation which overlooks the setting can produce mere academic exercise. The need for an appreciation of the setting is all-important in examining foreign securities regulation. In considering United States securities regulation we do not need …

Antitrust And The Newspapers -- A Comment On S. 1312, John J. Flynn

Vanderbilt Law Review

The American newspaper industry, often called "The Fourth Estate," apparently believes it has fallen on hard times. The aristocrats of the Fourth Estate, the daily newspapers, came to the Ninetieth Congress seeking a boon: relaxation of the rigors of antitrust policy as applied to mergers and joint agency operations by otherwise competing newspapers. A bill has been introduced, S. 1312, which is sponsored by fifteen Senators of diverse political and economic views, all save one having one thing in common-the presence of newspaper joint agency operations in their home states.' The very fact that Senators of such conflicting viewpoints could …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--When Plaintiff Participates in a Scheme Initiated by Defendant, In Pari Delicto Is No Bar to Recovery

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Civil Rights--Amusement Park Is Covered by Title II of the Civil Rights Act of 1964

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Civil Rights--Desegregation--Freedom-of-Choice Plans Are Not To Be Used When More Effective Means for Desegregation Are Available

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Constitutional Law--Fourteenth Amendment Entitles Defendants Charged with Serious Crimes in State Courts to Trial by Jury

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Constitutional Law-Reapportionment--"One Man, One Vote" Held Applicable to Units of Local Government

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Constitutional Law--Search and Seizure--Police May Conduct Limited Search for Weapons in Course of Field Investigatin Without Probable Cause for …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Unincorporated Divisions of a Corporation May Be Separate Entities for Purposes of Antitrust Laws

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Constitutional Law--One-Year Residence Requirement as Condition of Eligibility for State Welfare Aid Held Unconstitutional

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International Law--Sovereign Immunity and Act of State--Hickenlooper Amendment Precludes Assertion of Act of State Where Act Is Violative of International Law

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Products Liability--Lender Held Liable for Gross Defects in Housing Development It Had Financed

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Taxation--Constructive Ownership Rules Automatically Applied to Section 302(b) (1)Dividend Equivalency Test

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Taxation--IRS Rules Organization Which Discriminates on Basis of Race Not Charitable

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antitrust, constitutional law, international law, products liability, taxation

Joint Business Ventures In The Central American Common Market, Michael W. Gordon

Vanderbilt Law Review

The European Economic Community's Treaty of Rome was referred to by Paul Monet as the first great anti-trust law in Europe. This view is undoubtedly predicated on the belief that the Treaty of Rome would break up the large cartels existing in the individual European nations by providing relatively uninhibited competition from other nations. However, this has not proved true since many of the old cartels remain strong. Conversely, other individuals expressed concern about the proposed EEC and feared that giant European cartels might develop. These concerns equally proved to be erroneous. With respect to the CACM, at least one …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Agency Franchise Agreements Are Reasonable Trade Restraints Under Sherman Act While Restraints Following Sale Are Per Se Unlawful

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Antitrust--Product Extension Merger in Violation of Section 7 of the Clayton Act

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Constitutional Law--Reapportionment-Principle of "One Man, One Vote" Not Applicable to Appointed County School Board Performing Administrative Function

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Labor Law--Union Empowered To Expel Member for Failure To Exhaust Union Appellate Remedies

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Taxation--Federal Estate Taxation-State Trial Court Judgments on Property Rights Not Conclusive on Federal Courts Adjudicating Federal Tax Consequences

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Taxation--Federal Income Tax--Effect of Close Corporation Voting Trust on Right to Subchapter S Election

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Labor Law-Exemption of Union from Antitrust Laws Is Lost When It Imposes Minimum Price Levels on a Member-Employer Acting on their own initiative, the plaintiffs, union member'

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Civil Rights--Desegregation--School Authorities Have Afirmative Duty To Integrate School System Negro children in six Louisiana and three Alabama school systems

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Constitutional Law--Citizenship--Stripping Congress of Its Right To Expatriate

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Constitutional Law--State Constitutional Amendment Guaranteeing Discretion to Seller of Real Estate Violates Fourteenth Amendment

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Criminal Law--The "Mere Evidence" Rule Is Expressly Abolished

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antitrust, civil rights, constitutional law, criminal law

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Section 2(b) of the Robinson-Patman Act Permits Seller To Use a Pricing System To Meet the Prices of Competing Goods of Equal Saleability

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Constitutional Law--First Amendment--State Legislature May Not Require Local School Boards To Lend Textbooks to Pupils of Parochial Schools

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Constitutional Law--Imports Shipped Directly to Dealer Under Consignment Contracts With the Importer Are Not Immune to State Taxation Under the Import-Export Clause

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Constitutional Law--Reapportionment--One Man-One Vote Principle Applies to Popularly Elected Local School Boards

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Criminal Law--Admissibility in Evidence of Blood Tests Over Defendant's Objection

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Criminal Law--Resentencing--Court Has Duty To Make Known Reasons for Increased …

Legislation, Law Review Staff

Vanderbilt Law Review

In United States v. Philadelphia Nat'l Bank,' the Supreme Court enjoined a proposed merger of the second and third largest commercial banks in Philadelphia. The Court held, inter alia, that section 7 of the Clayton Act 2 applied to bank mergers, and that the merger in question might substantially lessen competition. Central to the reasoning of the majority was the premise that an unchecked trend toward concentration of market power in commercial banking is contrary to the public interest in maintaining competition among existing commercial banks. Since commercial banking had traditionally been considered exempt from section 7 prosecution, the cry …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Conspiracy To Eliminate Discounters From Automobile Market a Per Se Violation of Sherman Act

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Antitrust Law--Merger of Two Major Competitors in Industry with History of Concentration Violates Section 7 of Clayton Act

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Criminal Law--Future Confessions Will Be Inadmissible Unless Specified Pre-trial Procedures Are Followed

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Juvenile Courts--Juvenile Delinquent Entitled to Hearing On Question of Waiver of Jurisdiction

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Labor Law--Public Carrier Can Make Unnegotiated Unilateral Changes in Collective Agreements When "Reasonably Necessary" To Maintain Service

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Labor Law--In Future NLRB Elections, Employer Must Furnish List of Employees' Names and Addresses

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Taxation--Thin Incorporation Not Tantamount to Disqualification …

Notes: The Role Of The American Corporation In The Economic Development Of Latin America:, James H. Hancock

Vanderbilt Law Review

This note will examine the potential conflict between United States'antitrust policy and United States' foreign policy in Latin America. As background, Part II will provide a brief discussion of the United States' foreign policy objective in Latin America. In Part III, the discussion will turn to the most likely context for conflict-the potentials of the American corporation for advancing that foreign policy objective. Part IV will illustrate how the possibility of extra-territorial application of United States' antitrust laws gives rise to the potential for conflict between those laws and the United States' foreign policy in Latin America. Part V will …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Robinson-Patman-Adoption of Physical Comparison Test To Determine "Like Grade or Quality"

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Antitrust--Tying Arrangement Held Unfair Method of Competition Under Section 5 of Federal Trade Commission Act Atlantic Refining Company agreed to promote

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Bankruptcy--Tax-Rights of a Trustee in Bankruptcy Against an Unrecorded Tax Lien

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Constitutional Law--Applicability of the Fourteenth Amendment to a Charitable Trust in Which a State Agency Was the Original Trustee

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Constitutional Law--Clandestine Surveillance of Public Toilet--Not an Unreasonable Search

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Criminal Law--Joint Trials--Admission of Confession Implicating Both Defendants Held Erroneous

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Evidence--No Cross-Examination of Defendant's Character Witnesses as to His Prior Arrests and Conviction …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Use of "Free," a Deceptive Practice Under the Federal Trade Commission Act

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Anti-Trust Law--Conspiracy To Subvert Competitor's Employees and Customers Violates Section 1 of the Sherman Act

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Conflict of Laws--Depositor's Request That Disposition of Foreign-Owned Funds Deposited In New York Bank Be Governed By New York Law Upheld as a Matter of Public Policy

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Constitutional Law--Applicability of Agricultural Adjustment Act of 1938 to Wheat Grown On State-Owned Farms

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Corporations--Dissolution of Close Corporation Not Granted On Mere Showing of Low Profits Insufficient To Provide Minority Shareholder With Adequate Return on Invested Capital

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Criminal Law--Illegal Searches and …

Horizontal Restraints Under The French Antitrust Laws: Competition And Economic Progress, John W. Reboul

Vanderbilt Law Review

The French antitrust laws, now more than twelve years old, resist comparison with those of the United States, and they should not be approached with the belief that any country that has adopted legislation which speaks of competition has also adopted the American attitude toward competition. The attitude that has guided the application of the French antitrust laws seems to be the new French belief in economic expansion and active governmental intervention. The French defeat in the war discredited prewar economic doctrines which emphasized stability, and there has been an almost universal endorsement of theories of economic expansion. One commentator …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice

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Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act

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Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers

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Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional

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Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment

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Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure

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Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial …

The Antitrust Laws And The Corporate Executive's Civil Damage Liability, Joseph R. Manning

Vanderbilt Law Review

It will be the purpose of this note to examine the executive's potential civil liability for damages resulting from his violations of the federal antitrust laws. First, there is the injury to the persons against whom his unlawful conduct was directed. They may desire compensation for their injuries, as well as treble damages in a suit authorized by section 4 of the Clayton Act.' Also, the executive may cause injury to his corporation by subjecting it to fines, damages,and litigation expenses. This presents the question: whether a shareholder may bring a derivative suit against the executive for these damages to …

Determining The "Line Of Commerce" Under Section Seven Of The Clayton Act, William H. Barr

Vanderbilt Law Review

A provision of the antitrust statutes currently receiving a great deal of publicity is the anti-merger section of the Clayton Act-section 7. The statute prohibits the acquisition by one corporation of stock or assets of another corporation, "where in any line of commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly." It is designed to eliminate the merger as a means to amassing monopoly power by prohibiting at its incipiency the lessening of competition or the creation of monopoly power through merger. A finding …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Consignment Agreements To Fix Retail Prices

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Constitutional Law--Fifth Amendment-Denial of Passport

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Constitutional Law--State Procedure To Determine The Voluntariness of a Confession

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Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense

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Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy

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Labor Law-Closing of Plant Due to Unionization

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Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position

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Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture

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Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action

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Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property

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Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process

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Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population

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Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders

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Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection

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Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--FTC Proceeding Will Not Toll the Statute of Limitations in an Action Under Section 4(b) of the Clayton Act

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Conflict of Laws--Where None of the Beneficiaries Reside in Forum State, Limitation on Amount of Recovery Imposed by State Where Tort Occurred Governs

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Criminal Law--Double Jeopardy--Conviction of Greater Degree of Offense on Retrial

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Federal Rules of Civil Procedure--No Requirement that Agent Appointed To Receive Service of Process be Expressly Bound To Give Notice to Principal

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Labor Law--NLRA--Union's Duty To Represent Fairly

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Labor Law-Walsh--Healey Act--Secretary of Labor Not Authorized To Set More Than One Prevailing Wage

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Trade Regulation -- 1963 Tennessee Survey, Leo J. Raskind

Vanderbilt Law Review

In two cases, McKesson & Robbins v. Government Employees Department Store, Inc.,' and its companion, Plough, Inc. v. Hogue & Knott Super Market, the challenge to resale price maintenance, already successful in twenty-three other states, was brought to the Tennessee Supreme Court by appeals from two opinions holding the Tennessee Fair Trade Law unconstitutional. The historical background of fair trade legislation and the national controversy surrounding it since 1951 provide essential elements of perspective for consideration of these two cases.

The Effect Of White Motor Co. On Exclusive Selling Arrangements, Jack R. Hlustik

Vanderbilt Law Review

At present, the status of exclusive selling arrangements with territorial and/or customer limitations is unsettled. Since these arrangements are not illegal per se, a full trial is necessary to adjudge their validity. Future courts, enlightened by the arguments of lawyers, the analyses of commentators, and the testimony of numerous expert witnesses, will be in a better position to formulate policies and establish guidelines in this area. Legislative proposals may be submitted to Congress to eliminate this uncertainty. Hasty legislation in this area would be unwise, however, for legislative experience in this area, like judicial experience, is limited.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers

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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials

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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant

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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist

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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence

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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act

Trade Regulation -- 1962 Tennessee Survey, Leo J. Raskind

Vanderbilt Law Review

In Hogue v. Kroger, a retail grocer sought a declaratory judgment, under the Dairy Law of 1961, of his right to reduce the seding price of his milk (ex-trading stamps) below the statutory price by the amount of the cost of the trading stamps to a stamp-dispensing competitor. The commissioner of agriculture opposed this practice. Being responsible under the statute for enforcing compliance with the statutory price, the commissioner answered, coupling with his answer a cross-bill seeking to enjoin further sales by Hogue at the reduced cash price. The supreme court affirmed a denial of the commissioner's injunction and remanded …

Book Reviews, Edward S. Mason, Stanley D. Rose, Reber Boult, Robert N. Covington

Vanderbilt Law Review

This volume, which brings together, with one exception, all of Stocking's papers relating to workable competition, is more than a random collection of essays. As he indicates in the preface, the papers had been conceived from the beginning as segments of a book, and they proceed to cover systematically the relation of the concept of workable competition to the major areas of antitrust policy.

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Sir Frederick Pollock was born in 1845 and died in 1937. Throughout this long life, his industry was apparently unflagging. His mark is clearly discernible in wide areas of English law. Every student of the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Due Process--Expulsion From Public University Requires Notice and Hearing

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Antitrust Law--Investigatory Powers--Federal Trade Commission Has Right To Obtain Private Copies Of Privileged Census Information

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Constitutional Law--Due Process-Escheat By One State of a Fund Claimed By Other States Held To Violate Due Process

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Sales--Warranty--Advertisement That Cigarettes Are Harmless Held An Express Warranty

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Taxation--Income Tax-Deferral Of Prepaid Income Disallowed

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Taxation--Inheritance, Estate and Gift Taxes--Blockage Rule Rejected in Evaluating Stock For Ohio Succession Tax

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Taxation--Use Tax--Commerce and Equal Protection Clauses--Discrimination Against Multi-State Business

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Torts--Negligence--Vendor of Alcoholic Beverages Held Liable for Injuries to Intoxicated Vendee Despite …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade-Supreme Court Suggests A New Reading of Section 3 of the Clayton Act

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Civil Rights--Abatement and Revival--State Survival and Wrongful Death Statutes Adopted in Federal Civil Rights Act Suits

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Constitutional Law--Tenth Amendment-the Estate of A Veteran Dying Intestate Without Heirs May Constitutionally Escheat to the Federal Rather Than State Government

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Due Process of Law--A State May Deny An Applicant Admission to the Bar for Refusing To Answer Questions About His Advocacy of Subversive Organizations Or Objectives

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Federal Courts--State Security for Expenses Statute Inapplicable in Federal Equity Action Under Securities Exchange Act

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Federal …

Business Associations -- 1961 Tennessee Survey, Kenneth L. Roberts

Vanderbilt Law Review

I. CASES

A. Disregard of Corporate Entity

B. Action in Corporate Name After Revocation of Charter

C. Effect of Merger

1. Privilege Tax

2. Statute of Limitations

D. Judicial Intervention in Internal Corporate Affairs

E. Disregard of Fictitious Corporate Records

F. Criminal Liability of Corporation for Acts of Agents

G. Corporate Venue Under Federal Anti-Trust Laws

II. STATUTES

A. Unincorporated Associations Treated as Corporations

B. Amendments to Securities Law

C. Massachusetts Trust Act

D. Industrial Development Corporation "Projects"

E. Amendments Relating to General Welfare Corporations

F. Miscellany

Monopoly Profits, Economic Impossibility, And Unfairness As Anti-Trust Tests, Philip Marcus

Vanderbilt Law Review

One must agree with the district court's observation that the mere fact that one opens a business in an area with the idea that he will succeed and an existing-perhaps poorly run-business will have to withdraw and leave him alone in the field is hardly a situation which the Sherman Act is intended to reach. The Sherman Act does not protect one from competition, least of all a monopolist, which the Gazette admittedly was. And this is true even though the competition is likely to result in a monopoly. But there are limits upon the methods which one can use …