Open Access. Powered by Scholars. Published by Universities.®

Antitrust and Trade Regulation Commons

Open Access. Powered by Scholars. Published by Universities.®

William & Mary Law Review

Articles 31 - 60 of 71

Full-Text Articles in Antitrust and Trade Regulation

Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene Dec 2006

Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene

William & Mary Law Review

With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines-the U.S. federal antitrust merger guidelines--and finds that these guidelines have acted as a stealth force on …


The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter Nov 2006

The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter

William & Mary Law Review

When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …


The Elephant In The Courtroom: Litigating The Premerger Fix In Arch Coal And Beyond, Katherine A. Ambrogi Mar 2006

The Elephant In The Courtroom: Litigating The Premerger Fix In Arch Coal And Beyond, Katherine A. Ambrogi

William & Mary Law Review

No abstract provided.


The Political Economy Of International Antitrust Harmonization, John O. Mcginnis Dec 2003

The Political Economy Of International Antitrust Harmonization, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait Oct 2003

Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait

William & Mary Law Review

No abstract provided.


A Proposed Antitrust Approach To High Technology Competition, Thomas A. Piraino Jr. Oct 2002

A Proposed Antitrust Approach To High Technology Competition, Thomas A. Piraino Jr.

William & Mary Law Review

No abstract provided.


Why Premerger Review Needed Reform - And Still Does, Andrew G. Howell Mar 2002

Why Premerger Review Needed Reform - And Still Does, Andrew G. Howell

William & Mary Law Review

No abstract provided.


The Local Law Of Global Antitrust, Edward T. Swaine Dec 2001

The Local Law Of Global Antitrust, Edward T. Swaine

William & Mary Law Review

No abstract provided.


Multiemployer Bargaining, Antitrust Law, And Team Sports: The Contingent Choice Of A Broad Exemption, Michael C. Harper Jun 1997

Multiemployer Bargaining, Antitrust Law, And Team Sports: The Contingent Choice Of A Broad Exemption, Michael C. Harper

William & Mary Law Review

No abstract provided.


Preventing Predatory Abuses In Litigation Between Business Competitors: Focusing On A Litigant's Reasons For Initiating The Litigation To Ensure A Balance Between The Constitutional Right To Petition And The Sherman Act's Guarantee Of Fair Competition In Business, Scott D. Helsel Mar 1995

Preventing Predatory Abuses In Litigation Between Business Competitors: Focusing On A Litigant's Reasons For Initiating The Litigation To Ensure A Balance Between The Constitutional Right To Petition And The Sherman Act's Guarantee Of Fair Competition In Business, Scott D. Helsel

William & Mary Law Review

No abstract provided.


Bank Mergers And The Antitrust Laws: The Case For Dual State And Federal Enforcement, Robert F. Roach Oct 1994

Bank Mergers And The Antitrust Laws: The Case For Dual State And Federal Enforcement, Robert F. Roach

William & Mary Law Review

No abstract provided.


Reconciling Competition And Cooperation: A New Antitrust Standard For Joint Ventures, Thomas A. Piraino Jr. Mar 1994

Reconciling Competition And Cooperation: A New Antitrust Standard For Joint Ventures, Thomas A. Piraino Jr.

William & Mary Law Review

No abstract provided.


Public Choice, Public Interest, And The Soft Drink Interbrand Competition Act: Time To Derail The "Root Beer Express"?, Allan W. Vestal Feb 1993

Public Choice, Public Interest, And The Soft Drink Interbrand Competition Act: Time To Derail The "Root Beer Express"?, Allan W. Vestal

William & Mary Law Review

No abstract provided.


An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu May 1992

An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu

William & Mary Law Review

No abstract provided.


Liability Of Alcoholic Beverage Manufacturers: No Longer A Pink Elephant, Clay Campbell Oct 1989

Liability Of Alcoholic Beverage Manufacturers: No Longer A Pink Elephant, Clay Campbell

William & Mary Law Review

No abstract provided.


Nonefficiency Goals In The Antitrust Law Of Mergers, David W. Barnes May 1989

Nonefficiency Goals In The Antitrust Law Of Mergers, David W. Barnes

William & Mary Law Review

Robert Bork, former judge for the District of Columbia Circuit and antitrust scholar, has characterized the social and political goals underlying merger law as "pure intellectual mush."' Social and political values have formed the foundation of the most famous United States Supreme Court decisions interpreting section 7 of the Clayton Act, the primary statutory standard for judging the legality of corporate acquisitions. Judge Bork's dismissive and derogatory comments challenge both judges and scholars to provide a rigorous intellectual foundation and a procedure for incorporating these values into the merger law enforcement process.

Current trends in antitrust policy also force decision …


Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner May 1989

Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner

William & Mary Law Review

No abstract provided.


Physician Staff Priviledge Cases: Antitrust Liability And The Health Care Quality Improvement Act, John Neff Apr 1988

Physician Staff Priviledge Cases: Antitrust Liability And The Health Care Quality Improvement Act, John Neff

William & Mary Law Review

No abstract provided.


Insurance And Antitrust Law: The Mccarran-Ferguson Act And Beyond, Alan M. Anderson Oct 1983

Insurance And Antitrust Law: The Mccarran-Ferguson Act And Beyond, Alan M. Anderson

William & Mary Law Review

No abstract provided.


Resale Price Maintenance And The Ftc: The Magnavox Investigation, Victor P. Goldberg Mar 1982

Resale Price Maintenance And The Ftc: The Magnavox Investigation, Victor P. Goldberg

William & Mary Law Review

No abstract provided.


Purging The Misuse - Suggestions For A Reasonable Balance Of Conflicting Policies, Alan J. Statman Dec 1979

Purging The Misuse - Suggestions For A Reasonable Balance Of Conflicting Policies, Alan J. Statman

William & Mary Law Review

No abstract provided.


Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold Dec 1979

Implied Right Of Action Under The Antitrust Laws, Richard Alan Arnold

William & Mary Law Review

No abstract provided.


It Once Again Takes Two To Tango: Great Atlantic & Pacific Tea Co. V. F.T.C., Paul J. Galanti Dec 1979

It Once Again Takes Two To Tango: Great Atlantic & Pacific Tea Co. V. F.T.C., Paul J. Galanti

William & Mary Law Review

No abstract provided.


The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr. Mar 1979

The Passing-On Doctrine In Robinson-Patman Actions After Hanover Shoe, Illinois Brick, And Proposed Remedial Legislation, William A. Old Jr.

William & Mary Law Review

No abstract provided.


Price-Fixing, Privity, And The Pass-On Problem In Antitrust Treble-Damages Suits: A Suggested Solution, John Cirace Dec 1977

Price-Fixing, Privity, And The Pass-On Problem In Antitrust Treble-Damages Suits: A Suggested Solution, John Cirace

William & Mary Law Review

No abstract provided.


Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart May 1977

Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart

William & Mary Law Review

No abstract provided.


Passing-On Theory In Antitrust Treble Damage Actions: An Economic And Legal Analysis, Elmer J. Schaefer May 1975

Passing-On Theory In Antitrust Treble Damage Actions: An Economic And Legal Analysis, Elmer J. Schaefer

William & Mary Law Review

No abstract provided.


Book Review Of Federal Control Of Business -- Antitrust Laws, Elmer J. Schaefer Oct 1973

Book Review Of Federal Control Of Business -- Antitrust Laws, Elmer J. Schaefer

William & Mary Law Review

No abstract provided.


Coercive Patent Package Licensing - The Need For A Rule Of Reason Mar 1973

Coercive Patent Package Licensing - The Need For A Rule Of Reason

William & Mary Law Review

No abstract provided.


Section 7 Of The Clayton Act: Its Application To The Conglomerate Merger, Richard B. Blackwell Mar 1972

Section 7 Of The Clayton Act: Its Application To The Conglomerate Merger, Richard B. Blackwell

William & Mary Law Review

No abstract provided.