Antitrust and Trade Regulation Commons^™

Federal Antitrust Law--Price Discrimination--Proof And Measurement Of Damages In Treble Damage Action, Richard A. Miller S.Ed.

Michigan Law Review

Section 2(a) of the Robinson-Patman Act makes it unlawful for a seller to charge buyers who compete with each other different prices for commodities of like grade and quality. Price discrimination which violates this section operates to confer an unlawful benefit upon a favored buyer by making his costs of obtaining, using, or reselling the particular commodities involved lower than the similar costs of non-favored buyers and puts non-favored buyers at a competitive disadvantage to the extent that the difference in costs affects the ability of favored and non-favored buyers to compete with one another. If this wrongfully induced competitive …

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 …

Rowe: Price Discrimination Under The Robinson-Patman Act, Glen E. Weston

Michigan Law Review

A Review of Price Discrimination Under the Robinson-Patman Act, By Frederick M. Rowe.

Federal Antitrust Law-Sherman Act-Resale Restrictions In Agreements Between Manufacturer And Distributors, S. Anthony Benton

Michigan Law Review

Defendant, a manufacturer of heavy trucks, entered into agreements with its wholesale distributors and retail dealers whereby the distributors and dealers agreed to resell defendant's trucks at prices fixed by defendant. They also agreed to restrict their sales to customers located within the territories designated by defendant and to allow defendant to deal directly with all government accounts. The Justice Department, charging violation of sections I and 3 of the Sherman Act, brought a civil suit to enjoin defendant from continuing or renewing any of the aforementioned arrangements. On plaintiff's motion for summary judgment, held, motion granted. Vertical agreements …

Railroad Mergers: Competition, Monopoly And Antitrust, Charles F. Phillips, Jr.

Washington and Lee Law Review

No abstract provided.

Book Review Of The Antitrust Laws Of The U. S. A

William & Mary Law Review

No abstract provided.

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 …

Trade Regulation - Restraint Of Trade - Exclusive Dealing Contracts Of Vitamin Distrubtor Having 8.6 Per Cent Of Market Are Violative Of Section 3 Of Clayton Act, William F. Coyle

Villanova Law Review (1956 - )

No abstract provided.

Trade Regulation - Antitrust Laws - Manufacturer's Refusal To Deal Permitted Against Retailer Charging Him With Antitrust Violation, Gerald P. Lally

Villanova Law Review (1956 - )

No abstract provided.

Antitrust - Sherman Act - Corporate Officer Acting In Representative Capacity Is Person Within Meaning Of Section I Of Sherman Antitrust Act, Myron A. Hyman

Villanova Law Review (1956 - )

No abstract provided.

Trade Secrets, Customer Contracts And The Employer-Employee Relationship

Indiana Law Journal

No abstract provided.

The National Association Of Securities Dealers: Continuing Government-Industry Cooperative Regulation In The Over-The-Counter Securities Industry, Thomas B. Rutter

Villanova Law Review (1956 - )

No abstract provided.

Meeting Competition Under The Robinson Patman Act, Charles J. Steele

Villanova Law Review (1956 - )

No abstract provided.

Antiturst Law-Exemptions For Regulated Industries - Applicability Of The Antitrust Laws To Stock Exchanges, Peter D. Byrnes S.Ed.

Michigan Law Review

Defendant, the New York Stock Exchange, directed its members to discontinue their direct private wire connections with plaintiffs who were non-member brokers. These private wire connections were utilized primarily for facilitating transactions in the over-the-counter market. Repeated requests by plaintiffs for reinstatement were ignored, and the defendant refused to apprise the plaintiffs of the reasons for its action. Plaintiffs then brought suit, seeking damages and injunctive relief pursuant to sections 4 and 16 of the Clayton Act. Maintaining that defendant's conduct violated section 1 of the Sherman Act, plaintiffs moved for summary judgment. Held, motion granted.6 Defendant does not …

The Big Antitrust Case In The Trial Courts, Philip Marcus

Indiana Law Journal

No abstract provided.

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

Washington Legislation—1961; Antitrust: The Washington Antitrust Laws, Julian C. Dewell, Wayne Gittinger

Washington Law Review

The following articles, the work of the faculty of the School of Law, the Attorney General, two members of the Washington Bar and a student, constitute the first academic comment on the laws of 1961. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Antitrust section considers the Consumer Protection Act of 1961 and its impact on Washington antitrust law.

Agricultural Cooperatives And The Antitrust Laws: A New Departure

Indiana Law Journal

No abstract provided.

Federal Antitrust Laws - Exclusive Dealing - Standards Of Illegality Under Section 3 Of The Clayton Act, Judd L. Bacon S. Ed.

Michigan Law Review

In a recent treatment of exclusive dealing arrangements, Tampa Elec. Co. v. Nashville Coal Co., the Supreme Court enunciates with some care the standards to be applied in judging the legality of requirements contracts under section 3 of the Clayton Act. This comment analyzes the merits and the impact of this needed clarification of a controversial area of antitrust law.

Exclusive marketing arrangements manifest themselves in various forms, and it is not uncommon to find more than one variety in a given contract. This inquiry, however, will be restricted largely to full requirements contracts, obligating a buyer to purchase …

The Antitrust Laws Of The United States Of America, By A.D. Neale, Thomas W. Christopher

Indiana Law Journal

No abstract provided.

Guides To Harmonizing Section 5 Of The Federal Trade Commission Act With The Sherman And Clayton Acts, S. Chesterfield Oppenheim

Michigan Law Review

This topic is a constellation of antitrust highlights. Within the past five years the Federal Trade Commission has ventured into borderlands of its claim of jurisdiction under section 5 of the Federal Trade Commission Act in testing the scope of section 5 itself and its relation to the Commission's jurisdiction under the Sherman and Clayton Acts.

British Antitrust In Action, Michael Conant

Michigan Law Review

The Restrictive Trade Practices Act of 1956 was the first positive anti-monopoly statute in the United Kingdom since the Statute of Monopolies in 1623. Now that the statute has been in effect four years there are sufficient decisions and consent orders to make possible a report on its operation. Since most American readers are unfamiliar with the legal and economic background of the Restrictive Trade Practices Act, the prior common law in this area and the 1948 monopolies investigation statute will be summarized first. This summary is followed by an analysis of the structure of the 1956 Act, of the …

Federal Antitrust Law - Stockholders' Remedies For Corporate Injury Resulting From Antitrust Violations: Derivative Antitrust Suit And Fiduciary Duty Action, William Y. Webb S.Ed.

Michigan Law Review

The question of what remedies are available to a stockholder whose corporation has been injured or is threatened with injury by acts violative of the federal antitrust laws is largely unexplored. The staggering fines suffered by a number of corporations in the recent electrical industry criminal antitrust convictions demonstrate, however, that the question is both timely and important. Moreover, its answer could have a great impact both upon the means of protecting corporate minority rights and upon the means of private enforcement of the federal antitrust laws. The stockholders' derivative suit affords two remedies which deal with these two points …

The Consent Decree In Antitrust Enforcement, Charles F. Phillips, Jr.

Washington and Lee Law Review

No abstract provided.

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 …

Pups, Plants And Package Policies - Or The Insurance Antitrust Exemption Re-Examined, Richard A. Wiley

Villanova Law Review (1956 - )

No abstract provided.

Diversification Of Ownership In The Regulated Industries – The Folklore Of Regulation, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg

Michigan Law Review

A Review of American Enterprise in the European Common Market: A Legal Profile. Vol. II. Volume Two. Edited by Eric Stein and Thomas L. Nicholson.

Libel And Slander - Disparagement Of Product - Expanding Protection Against Trade Libel, James G. Lepis

Villanova Law Review (1956 - )

No abstract provided.

The Federal Trade Commission And Its Role In The Regulation Of Broadcast Commercials, Mary Lou Reed

Student Scholarship

This paper, presented in December 1960, examines the evolution and authority of the Federal Trade Commission regarding the regulation of advertising within the broadcast industry. The author begins by detailing the historical background of the commission, noting its creation in 1914 to modify antitrust laws and establish a specialized body to supervise the competitive system. While originally intended to manage monopolistic restraints, the commission increasingly focused on the common law doctrine of unfair competition, eventually finding its most fruitful legal activity in the prevention of false advertising and misbranding. The transition from requiring proof of specific injury to competitors to …