Antitrust and Trade Regulation Commons^™

Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda

Journal of Legal Education

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Act--Discriminatory Practices--Defenses Available to Charge of Discrimination in Furnishing Services and Facilities

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Bankruptcy--Priority of Wages--Employer's Contributions to Welfare Funds Are Not Entitled to Priority as Wages Due to Work

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Constitutional Law--Social Security Benefits--Automatic Suspension of Deported Person's Social Security Benefits a Denial of Due Process

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Constitutional Law--Union Shop Agreement Under Railway Labor Act Violates Constitutional Rights of Employees

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Corporations--Securities and Exchange Act of 1934--Liability of Director for Profits on Stock Acquired Prior to Election as Corporate Official

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Damages--Quasi Contract--Exemplary Damages in Quasi Contract When Defendant is Guilty of Fraud

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Evidence--Other Crimes--Admissibility of Evidence …

Oppenheim: Federal Antitrust Laws, Cases And Comments (Second Edition), Carl H. Fulda

Michigan Law Review

A Review of Federal Antitrust Laws, Cases and Comments (Second Edition). By S. Chesterfield Oppenheim, assisted by Richard W. Pogue.

The Impact Of Antitrust, John P. Miller

Vanderbilt Law Review

The functions of the antitrust laws have never been well articulated. Some proponents of the law emphasize the economic benefits of competition, i.e., incentives to economic efficiency and growth. Others emphasize the political and social advantages of minimizing the concentration of economic power. A review of the history and present status of antitrust suggests that both these views play a part. The Sherman Act prohibitions of "restraint of trade" and "monopolizing" suggest concern that entry into an industry shall not be barred by arbitrary restraints and that decisions of various firms shall be arrived at independently. This is not the …

Brewster, Jr.: Antitrust And American Business Abroad, And Fugate: Foreign Commerce And The Antitrust Laws, Kenneth S. Carlston

Michigan Law Review

A Review of Antitrust and American Business Abroad. By Kingman Brewster, Jr., and Foreign Commerce and the Antitrust Laws. By Wilbur L. Fugate.

Handler: Antitrust In Perspective: The Complementary Roles Of Rule And Discretion., James A. Rahl

Michigan Law Review

A Review of Antitrust in Perspective: The Complementary Roles of Rule and Discretion. By Milton Handler.

Antitrust Provisions Of The Atomic Energy Act, Richard Cosway

Vanderbilt Law Review

"It is ... declared to be the policy of the United States that... the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise." These are almost the first words of the Atomic Energy Act of 1954 which, in stating the policy of the United States, establish the goals to be sought. As stated, the strengthening of free competition is a goal; it is not the device by which the other goals are to be achieved. Apparently of …

Book Reviews, Albert S. Abel, Breck P. Mcallister, W. Friedmann, Rex A. Collings Jr., Frank J. Trelease, Elden S. Magaw, Albert A. Ehrenzweig, Reginald Heber Smith, Ilmar Tammelo, Jo Desha Lucas

Journal of Legal Education

No abstract provided.

Worldmarks And The Antitrust Law, Rudolf Callmann

Vanderbilt Law Review

Like all things, trademark rights can also be exploited for sinister purposes. A trademark can, for example, be used in violation of the antitrust laws and no elaborate references need be made to the legislative history of the Lanham Act to demonstrate that the Act was "not intended to undermine the anti-trust laws."' Certain specific provisions of the Act clearly disclose the legislative intent to dissuade a trademark owner from using his mark in violation of the antitrust laws.

The Legality Of Trade Association Statistical Reporting Under The Antitrust Laws, Harry Kemker

Vanderbilt Law Review

Of the myriad economic functions performed by trade associations,the practice of gathering, compiling, and disseminating trade statistics is doubtless one of the most important.' Although the numerous statistical reporting programs vary markedly in size and scope, it seems safe to say that at least two-thirds of all trade associations indulge in some form of statistical activity. The beginning of this trade association statistical reporting is usually attributed to the theories contained in a book called The New Competition, written by A. J. Eddy and published in 1912. The concept championed by this work was "open competition," and an important part …

The Impact On Business Of Antitrust Decrees, Philip Marcus

Vanderbilt Law Review

Government regulation of business may not be widespread but it is not unknown in this country. The source of such regulation normally,however, is a federal or state statute. Sometimes, as in the case of the Fair Trade Laws, businessmen have even promoted such regulation. Less well known, but often far-reaching, is the regulation of business conduct through antitrust judgments. Needless to say, generally such judgments are not welcomed by those to whom they apply.

About five hundred civil antitrust judgments have been entered in cases brought by the United States under the antitrust laws.' Cease and desist orders of the …

A Note On Concentration Studies And Antitrust Policy, Jesse W. Markham

Vanderbilt Law Review

The current interest in industrial concentration studies almost rivals that which gave rise to the Temporary National Economic Committee's voluminous output on the subject two decades ago. Indeed,by almost any standard, 1957 was a banner year. The Federal Trade Commission opened the season with its 656-page report in January. The National Industrial Conference Board devoted a session to the topic at its forty-first annual meeting in May. In July the Bureau of the Census published its study performed at the request of the Senate Subcommittee on Antitrust and Monopoly. In June the Chamber of Commerce of the United States issued …

Refusal To Sell, Vernon A. Mund

Vanderbilt Law Review

Today, the business practice of refusal to sell is one of the principal antitrust complaints. However, paradoxically, it is a complaint which receives practically the least amount of attention and relief. Typically, the antitrust agencies treat reports on refusal to sell with the generalized reply that "the seller has the right to choose his own customers." The very number of complaints, however, as well as an economic analysis of the practice itself, points to the need for a reevaluation of this business practice and for a reappraisal of the currently applicable judicial decisions.

As we shall see in the present …

Exclusive Arrangements And Refusal To Deal Problems, Reynolds C. Seitz

Vanderbilt Law Review

Justification for including a discussion on exclusive dealing arrangements and on refusal to deal decisions in a symposium devoted to trade practices rests upon the practical consideration that there exists on the part of business management a considerable interest in the two commercial tools.

Business executives find appeal in the prospect of using a contract calling for exclusive dealing.' Those engaged in commerce have for a variety of purposes frequently employed as a lever the refusal to deal.

Possible antitrust implications in the use of the two devices has not always been understood by business. In recent years, however, the …

Statutory Restrictions On Selling Below Cost, Homer Clark

Vanderbilt Law Review

The rules of the American game of competition are numerous, diverse and often inexplicable, but none of them is as dubious in purpose or as devious in operation as those found in the statutes prohibiting sales below cost. Such statutes have been enacted in the overwhelming majority of states,' the earliest ones dating back to the Great Depression. Indeed their philosophy has infected the federal antitrust laws. That the impetus back of these statutes was not just a product of depression fears and frustrations is shown by their passage after the depression was over in some states, and during the …

Senate Bill No. Ii And Antitrust Policy, Kenneth S. Carlston

Vanderbilt Law Review

The history of the judicial interpretation of the Sherman Act' is a history of the legislative process working through the mechanisms of the judicial process. Starting with an act phrased in the most general of terms, nearly seventy years of judicial administration have developed a system of interdependent postulates analogous to legislative norms. None of these postulates can be considered as prevailing over all others. But the binding thread of the Sherman Act is the proposition that the market shall be dynamic, manifesting sufficient energy through price competition by the organizations participating in the market to ensure that the advances …

Legal, Economic And Political Considerations Involved In Mergers, Joseph W. Burns

Vanderbilt Law Review

Although the merger statute--section 7 of 'the Clayton Act'--was enacted in 1914, it was forty years before it assumed any importance in the antitrust field. The original statute, applicable to acquisitions of stock but not to acquisitions of assets, was wholly ineffective to prevent mergers. Enforcement efforts were insignificant...

If Congress expected the 1950 amendment to solve all the merger problems which were discussed prior to its enactment, this expectation has not been realized. Congressional committees in both the House and Senate have instituted investigations and held public hearings which have indicated considerable dissatisfaction with the effectiveness of section 7 …

Antitrust Laws And The Territorial Principle, G. H. Haight

Vanderbilt Law Review

During the past few years there has been extensive discussion regarding the extraterritorial application of antitrust laws and some attempts have been made to consider the matter in the context of public international law principles.' Notwithstanding objections raised by foreign governments to court orders and subpoenas directed to foreign corporations in relation to their activities abroad, some commentators still appear to consider that there are few, if any, limitations imposed by law upon such assertions of penal power. This position requires reexamination, and in undertaking a review it will be relevant to consider the nature and effect of new antitrust …

Federal Control In The Food And Drug Industries, Thomas W. Christopher

Vanderbilt Law Review

If the attention or lack of attention law reviews give to a subject is indicative of the amount of governmental control therein, then one would conclude that there is little federal regulation in the food and drug fields. The fact is, however, that there are more than 1,200 pages of federal statutes and administrative regulations affecting the food and drug industries, and no industry is more tightly controlled. The antitrust, securities, and labor statutes, for example, are, if anything, less stringent.

In the main, the approach of food and drug regulation is from a different point of view than that …

Kittelle & Lamb: Trade Association Law And Practice, H. Thomas Austern

Michigan Law Review

A Review of Trade Association Law and Practice By George P. Lamb and Sumner S. Kittelle, assisted by Carrington Shields.

Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed.

Michigan Law Review

There is no authoritative definition of the term "patent grant-back." It has been defined as a clause in a patent license which provides "for license or assignment to the licensor of any improvement patented by the licensee in the products or processes of the licensed patent." In litigated cases grant-back clauses usually appear either in basic patent licenses or in licenses of the products or processes of an industry which the licensor dominates through control of a multitude of overlapping patents.

A New Look At Antitrust Laws, Morton Steinberg

Kentucky Law Journal

No abstract provided.

Corporations - Shareholders - Right To Bring Derivative Action For Treble Damages Under Antitrust Laws, William K. Davenport S.Ed.

Michigan Law Review

Plaintiff, owner of 50 percent of the stock in a theater corporation, brought a derivative action in federal court for treble damages for loss of profits allegedly suffered from defendant's violation of the antitrust laws. The district court sustained defendant's motion to dismiss. On appeal to the court of appeals, held, reversed and remanded. Under the new federal rules, a stockholder may bring a derivative action for treble damages under the antitrust laws. Fanchon & Marco, Inc. v. Paramount Pictures, Inc., (2d Cir. 1953) 202 F. (2d) 731.

Book Reviews, Irving Dilliard, Stanley D. Rose, Walter P. Armstrong Jr., Reginald Parker

Vanderbilt Law Review

The States and Subversion Walter Gellhorn, Ed. Ithaca: Cornell University Press, 1952. Pp. vii, 454. $5.00

reviewer: Irving Dilliard

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Freedom through Law

By Robert L. Hale New York: Columbia University Press, 1952. Pp. xvi, 591. $7.50

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The Group Basis of Politics--A Study in Basing-Point Legislation By Earl Latham New York: Cornell University Press, 1952. Pp. ix,244. $3.75

reviewer: Stanley D. Rose

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Richards on Insurance, Fifth Edition By Warren Freedman New York: Baker, Voorhis & Co., Inc. 1952. Pp. xxvii, 2692. $50.00

reviewer: Walter P. Armstrong, Jr.

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The Theodosian Code and Novels and the Sirmondian Constitutions: A …

Dissolution, Divorcement, Divestiture: The Pyrrhic Victories Of Antitrust, Walter Adams

Indiana Law Journal

No abstract provided.

The Right Of A Businessman To Lower The Price Of His Goods, Stanley D. Rose

Vanderbilt Law Review

The present actions being taken to mark the transition from cold to hot war are settling a number of problems and creating a host of others. The direction of our national effort within the economy will shift to production; our normal interest would be in distribution. This shift will not mean that the antitrust laws will be entirely suspended. There remain certain vital functions of protecting whole classes of citizens during the coming years of stress and for that day when once again we return to our new two-cars-for-every-family ideal.

'But it cannot be denied that a discussion of lowering …

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 …

Are Threefold Damages Under The Anti-Trust Act Penal Or Compensatory?, Lawrence Vold

Kentucky Law Journal

No abstract provided.

The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus

Articles

After twenty-one years the Sherman Anti Trust Act has been applied to the typical combination restraining interstate commerce, which that act was designed to prevent.