Antitrust and Trade Regulation Commons^™

A Simplified Approach To Tying Arrangements: A Legal And Economic Analysis, Joseph P. Bauer

Journal Articles

Few types of antitrust conduct have received as much treatment from the Supreme Court as tying arrangements. This practice, which is unlawful per se when certain prerequisites are met, may be defined as an agreement by a party to sell one product [the tying product] but only on the condition that the buyer also purchases different (or tied) product, or at least agrees that he will not purchase that product from any other supplier. Notwithstanding this extensive Supreme Court attention, there is as much heat as light in this area. The doctrine that has developed is often unpredictable and frequently …

Antitrust - Treble Damage Action - Illinois Brick Rule Does Not Bar Suit By Direct Purchaser Of Product Which Contains Price Fixed Component Produced By Seller, Jonathan Willinger

Villanova Law Review (1956 - )

No abstract provided.

The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles

University of Richmond Law Review

An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.

Joint Ventures And The Justice Department's Antitrust Guide For International Operations, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

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 …

The Professions And Noncommercial Purposes: Applicability Of Per Se Rules Under The Sherman Act, Jonathan Cobb Dickey

University of Michigan Journal of Law Reform

This article will examine the doctrine of noncommercial purpose in the professional context and assess whether conduct undertaken by the professions conforms to the presumptions underlying the per se doctrine. It is the thesis of this article that the per se doctrine should not preclude inquiry into whether a valid noncommercial purpose justifies conduct undertaken in good faith by a profession to regulate its membership or to advance some other public interest. This article concludes that, with respect to professions, the goals of the Sherman Act are better served by inquiry into noncommercial purposes and application of the rule of …

The Role Of Attempt To Monopolize In Antitrust Regulation: An Economic And Social Justification For A New Approach, Joel R. Tew

Vanderbilt Law Review

Attempt to monopolize is an elusive concept. The number of divergent views demonstrates the complexity the courts face in re-solving the controversy. The first step toward resolution requires are thinking of antitrust values. The many legal tangents have not produced a satisfactory result primarily because they are formulated on a value base that is incompatible with the functional requirements of the competitive process. While economic efficiency is a relevant goal of antitrust, it should not be and has not been the only goal. The evolving socioeconomic structure requires broadly based antitrust policy that acknowledges economic and noneconomic values and facilitates …

The Legal And Economic Status Of Vertical Restrictions, Joanne R. Alfano

Villanova Law Review (1956 - )

No abstract provided.

Mergers Under The Burger Court: An Anti-Antitrust Bias And Its Implications, Howard R. Lurie

Villanova Law Review (1956 - )

No abstract provided.

Antitrust - Treble-Damage Action - Hanover Shoe Inc. Rule Bars Offensive Use Of Passing-On Doctrine By Indirect Purchaser, Karen Lee Turner

Villanova Law Review (1956 - )

No abstract provided.

Intra-Enterprise Conspiracy Under Section 1 Of The Sherman Act: A Suggested Standard, Michigan Law Review

Michigan Law Review

Section I of this Note analyzes the cases in which the Supreme Court has implied a doctrine of intra-enterprise conspiracy. Section II then sets forth the theoretical and practical difficulties that such a doctrine entails. Section III, in turn, considers previous proposals for limiting the scope of the intra-enterprise conspiracy doctrine and examines their deficiencies. Finally, section IV presents an alternative analysis of the intra-enterprise conspiracy issue and proposes a standard for determining when application of section 1 of the Sherman Act to parent-subsidiary relations is inappropriate.

Antitrust Law: An Economic Perspective, Thomas E. Kauper

Michigan Law Review

A Review of Antitrust Law: An Economic Perspective by Richard A. Posner

Antitrust - Private Actions - Treble Damages - Group Boycott - No-Switching Agrements Among Competitors Is A Per Se Offense - Plaintiff Who Failed To Gain Employment Thereby Is Injured Within His Business Or Property And States A Claim Upon Which Relief May Be Granted, J. Kurt Straub

Villanova Law Review (1956 - )

No abstract provided.

United States Gypsum: Prive Verification: Controlling Circumstances Or Controlling Prices, H. Kenneth Kudon

Villanova Law Review (1956 - )

No abstract provided.

Parens Patriae: Will We Treble In Its Wake?, Joanne Barbrack

Indiana Law Journal

No abstract provided.

Dealer Location Clauses And The Per Se Rule: From Schwinn To Gte Sylvania, Michael W. Miller

Fordham Urban Law Journal

This note examines vertical restraints on trade, which involves an agreement between firms at "successive stages of the distribution system. It specifically analyzes the effect of vertically imposed dealer-location clauses on competition and consumers and discusses whether such restraints are per se violations under Section 1 of the Sherman Act or whether they require analysis under the rule of reason. The note suggests that an absolute per se rule against all post-sale vertical restraints is overly broad and unjustified and calls for a more result-oriented approach in dealing with less offensive restraints on trade.

The Legal Status Of Joint Ventures Under The Antitrust Laws: A Summary Assessment, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine

Articles

From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …

Recent Cases, Richard C. Stark, Gerard T. Nebel, Craig V. Gabbert, Jr., Mary E. Mann

Vanderbilt Law Review

Recent Cases

Administrative Law--Federal Trade Commission Act--Restitution Held Improper in Section Five Cease and Desist Order

Richard C. Stark

Congress enacted section five'° of the Federal Trade Commission Act in 1914 to supplement" the antitrust provisions of the Sherman Act.'" The section declared unfair methods of competition illegal and placed the power to define and prohibit unfair methods in the hands of an independent regulatory commission, the FTC.' In conferring this power, Congress intended this body of experts to educate and guide the business community toward the goal of securing higher standards of business conduct.

Sherman Act, antitrust

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Constitutional …

The Sherman Act And Bar Admission Residence Requirements, Harvey Freedenberg

University of Michigan Journal of Law Reform

This article will focus on the restrictive aspects of residence qualifications for admission to the state bar. Such restrictions are significant in three cases: initial admission to the bar, relocation by a foreign attorney, and multistate practice by an attorney admitted to the bar in another state. An attempt will be made to determine whether these requirements might be invalid under the Sherman Act and to analyze the case for their abolition. The commercial counterpart of professional entry restrictions has been termed "the very essence of monopoly,” and on this basis it is submitted that further freedom from antitrust scrutiny …

Goldfarb V. Virginia State Bar, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Applying The Sherman Act To Restrictive Practices Of The Legal Profession

Maryland Law Review

No abstract provided.

The Franchisor's Dilemma: Justifying Tying Arrangements In Antitrust Suits., Larry R. Patton

St. Mary's Law Journal

Tying Arrangements within the Franchise market suppress competition by denying competitors free access to the market for a tied product. A tie-in or tied product is an item, distinguishable from the franchise itself, forced upon a franchise, to secure the license. The two defenses used in validating a tied product are: (1) that the tying product in “good will” serves a satisfactory purpose in conjunction with the tied product, and (2) the tied protect serves to protect the quality of the trademarked product. This study examines case law and how the application of the Sherman and Clayton Anti-Trust Acts in …

Territorial Restrictions And Per Se Rules--A Re-Evaluation Of The Schwinn And Sealy Doctrines, Michigan Law Review

Michigan Law Review

Horizontal territorial restrictions have traditionally been said to be per se illegal. That is, they are illegal no matter what effect they may have on competition. The legality of vertical territorial restrictions, however, is still an unsettled issue. The past decade saw a trend toward considering such restrictions per se violations of section I of the Sherman Act. That trend culminated in United States v. Arnold, Schwinn & Co., a case better known for its speculation than its reasoning. The Supreme Court, which ostensibly announced the per se illegality of these restrictions in Schwinn, will have an opportunity …

A Survey Of The Antitrust Law Of Exclusive Agreements, John H. Shenefield

University of Richmond Law Review

Within the world of commerce, long-term supply contracts are common. Manufacturers seek to establish dependable customers and consumers hope for the security of a reliable supply. Short of vertical integration no commercial arrangement accomplishes these ends more efficiently than the several varieties of exclusive arrangements.

The Supreme Court And The Antitrust Laws: 1970-1971, Jerrold G. Van Cise

Indiana Law Journal

No abstract provided.

Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine

Articles

The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …

Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers Jr.

Publications

No abstract provided.

The "Warren Court" And The Antitrust Laws: Of Economics, Populism, And Cynicism, Thomas E. Kauper

Michigan Law Review

No one could quarrel with the simple assertion that the so-called "Warren Court" has had a significant, if indeed not extraordinary, impact on the development of the antitrust laws. It could hardly have been otherwise. The fifteen years since 1953 represent virtually one-fourth of the total history of the Clayton and Federal Trade Commission Acts, and one fifth of the time which has elapsed since passage of the Sherman Act. Every Supreme Court decision under the 1950 amendments to section 7 of the Clayton Act, the so-called antimerger law, has come after the accession of Chief Justice Warren to the …