Antitrust and Trade Regulation Commons^™

Integration And Dissolution Of The A & P Company, Joel B. Dirlam, Alfred E. Kahn

Indiana Law Journal

No abstract provided.

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 …

Interpretation Of Antitrust Legislation, Melville P. Windle

William and Mary Review of Virginia Law

No abstract provided.

Diminishing Applicability Of The Antitrust Laws In Regulated Industry: Congress, The Courts And The Agencies

Indiana Law Journal

No abstract provided.

Federal Antitrust Legislation: Guideposts To A Revised National Antitrust Policy, S. Chesterfield Oppenheim

Michigan Law Review

The year 1952 finds various currents of controversy in the antitrust field converging toward the necessity for a survey and reappraisal of the body of congressional legislation generally known as the "federal antitrust laws." The foundation stone in the trio of principal antitrust statutes is the Sherman Act of 1890. Section 5 of the Federal Trade Commission Act and the Clayton Act of 1914, as amended, are the other two members of this major group of antimonopoly laws. While differing in particulars in its impact upon the American economy, each of these basic statutes is avowedly designed to maintain competition …

Trade-Marks And The Monopoly Phobia, Beverly W. Pattishall

Michigan Law Review

If it can be said that trade-mark rights are, in fact, monopoly rights, it must be added that they are monopoly rights justified in the same way that one's own particular physiognomy is a monopoly or one's rights enumerated in the first ten amendments to the Constitution are individual monopolies.

Patent Royalties As Capital Gains Under I.R.C., Section 117(A), Ruth E. Riddell

Michigan Law Review

With the incidence of high personal surtax rates, a patentee is ordinarily interested in deriving the greatest monetary return after taxes, measured in proportion to the extent of use over what he expects to be the increasingly productive life of the intangible right evidenced by his patent, without surrendering his option to reclaim the patent in event of insolvency or lack of diligence on the part of the person to whom he transfers the patent for exploitation. Although ideal for these purposes, the favorable capital gain status under section 117(a) of the Internal Revenue Code, requiring recognition of only fifty …

Monopolies—Interstate Commerce—Organized Baseball, Robert S. Gottesman

Buffalo Law Review

Toolson v. New York Yankees, Inc. et al ., 101 F. Supp. 93 (S. D. Cal. 1951).

Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport

Michigan Law Review

Until a competing radio station appeared on the scene in 1948, defendant newspaper was the only medium for mass advertising available in the Lorain, Ohio area. In an effort to regain its monopoly position and eliminate the radio station as a competitor, defendant inaugurated a policy of refusing to accept custom from advertisers who employed the services of its rival. Both the newspaper and the radio station received news dispatches, advertising copy, payments, and other materials from sources outside Ohio, but neither had any appreciable audience beyond the borders of the state. In a civil action brought by the United …

Regulation Of Business--Robinson-Patman Act--Defenses Of In Pari Delicto And Changed Market Conditions, William K. Davenport

Michigan Law Review

A group of businessmen in Santa Rosa, New Mexico, organized a boycott against all bread except that baked by plaintiff, the sole baker in Santa Rosa, to induce him not to move his bakery out of town; plaintiff agreed to this plan. Defendant, who sold in interstate commerce, thereupon halved his bread prices in Santa Rosa while maintaining them in other towns, in order to defeat the boycott and preserve the town as a market. Plaintiff brought an action for treble damages under section 2(a) of the Robinson-Patman Act for injuries suffered from this price discrimination. The federal district court …

The Mcguire Fair Trade Bill, Manuel Harnik

Washington and Lee Law Review

No abstract provided.

Regulation Of Business-Trade Restraints-Business Price And Use Restrictions Accompanying Sale Of Land, Jean Engstrom S.Ed.

Michigan Law Review

Plaintiff, a wholesale and retail dealer in "Marathon" products, and the smallest wholesale distributor of gasoline in Ann Arbor, sought to enjoin defendant from selling Marathon gasoline at less than the price set under the provisions of the standard dealer's contract. Defendant bad acquired his station by a deed containing a covenant expressly intended to run with the land, providing for the operation of a filling station on the land, and a ten-year agreement that aII petroleum products sold on the premises were to be supplied by plaintiff "at such prices and on such terms as are customarily furnished to …

Federal Procedure-Venue-Applicability Of Section 1404(A) Of New Title 28 To Anti-Trust Suits, Morris G. Shanker S. Ed.

Michigan Law Review

Working directly from a branch office in Washington, D.C., defendant corporation solicited orders and distributed films in the state of Virginia, although it had not registered as a foreign corporation in that state. Alleging that the defendant had violated the anti-trust laws by its activities in Virginia, plaintiff brought a civil action for damages and injunctive relief in the United States District Court for the District of Columbia. Pursuant to section 14O4(a) of Title 28 U.S.C. defendant moved to transfer the action to the District Court for the Eastern District of Virginia. Held, since the defendant was not transacting …

Federal Procedure-Venue-Transfer Under Section 1404(A) To District Where Venue Originally Would Have Been Improper, Wilber M. Brucker, Jr. S. Ed.

Michigan Law Review

Civil anti-trust actions were properly brought against defendants in the Federal District Court for the District of Delaware. Defendants sought a transfer of the suits to a district court in Texas under section 1404(a) of the Judicial Code, which allows a transfer when requirements of convenience are met to any district where the suit "might have been brought" Although venue in the Texas District Court would not have been proper when the suits were originally instituted, defendants claimed that their express waiver of improper venue removed the bar to transfer. The district court ruled that it lacked the power to …

Fair Trade—Non Signer Provisions Held Unenforceable As Violative Of Sherman Act, John A. Krull

Buffalo Law Review

Schwegmann Bros. v. Calvert Distillers Corp ., 341 U. S. 384. 71 Sup. Ct. 745, 95 L Ed. 1035 (1951).

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

Indiana Law Journal

No abstract provided.

Unfair Competition—Public Will Be Protected Although Plaintiff Has No Standing In Court, John L. Goodell

Buffalo Law Review

Stably, Inc. v. M. H. Jacobs Co., 183 F. 2d 914 (7th.Cir. 1950), cert. denied 95 L. Ed. 146.

Interstate Compacts-State Constitutions As Limitations On States' Power To Ratify Federally Approved Compacts

Indiana Law Journal

No abstract provided.

Unfair Competition—Fair Trade Law Held To Prohibit Cash Register Receipt Discount Plan, Mary K. Davey

Buffalo Law Review

Bristol-Myers Co. v. Picker, 302 N.Y. 61, 96 N. E. 2d 177 (1950).

Regulation Of Business-Robinson-Patman Act-Defense Of Meeting A Competitor's Price, Willis B. Snell S. Ed.

Michigan Law Review

Standard Oil sold gasoline to "jobber" customers at a price lower than that at which it sold to other customers in the area. The price differentials were not justified by lower costs. The jobbers made both wholesale and retail sales of the gasoline; some of them passed on the reduced prices by sales at less than the prevailing rates in the area. The F.T.C. held that Standard's price differential violated section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act. Standard contended that the differential was established in good faith to meet an equally low price of a …

Regulation Of Business-Robinson-Patman Act-Defense Of Meeting A Competitor's Price, Willis B. Snell S. Ed.

Michigan Law Review

Standard Oil sold gasoline to "jobber" customers at a price lower than that at which it sold to other customers in the area. The price differentials were not justified by lower costs. The jobbers made both wholesale and retail sales of the gasoline; some of them passed on the reduced prices by sales at less than the prevailing rates in the area. The F.T.C. held that Standard's price differential violated section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act. Standard contended that the differential was established in good faith to meet an equally low price of a …

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 Structure Of American Industry, Edited By Walter Adams, Norman Bursler

Indiana Law Journal

No abstract provided.

Administrative Law-Federal Trade Commission-Constitutional And Statutory Authority To Order Additional Compliance Reports, Charles Myneder S. Ed.

Michigan Law Review

Proceeding under section 5 of its organic act, the Federal Trade Commission issued an order requiring defendants to cease and desist from engaging in certain trade practices. The court of appeals, in its decree affirming the order, directed compliance reports to be filed with the commission within a specified time, reserving jurisdiction to enter further orders. Four years after the compliance reports were filed, the commission, on its own motion, ordered additional reports to show continued compliance. Defendants refused to report, challenging the authority of the commission to issue the order. The district court dismissed suit by the commission for …

The Requirement Of Exactness In The Justification Of Price And Service Differentials Under The Robinson-Patman Act, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

The New Interstate Conspiracy Doctrine, Warren Chan

Washington Law Review

In F.T.C. v. Cement Institute the United States Supreme Court, reversing the Court of Appeals for the Seventh Circuit, upheld a Federal Trade Commission cease and desist order against the maintenance of an industry-wide multiple basing point system for fixing the delivered price of cement.' The grounds. for the order and the holding were (1) that the use of the system was an unfair method of competition in violation of section 5 of the Federal Trade Commission Act, and (2) that the method of pricing resulted in systematic price discriminations between different purchasers of cement of like quality and grade, …

Resale Price Maintenance In Washington, Dale M. Green

Washington Law Review

The social and economic desirability of resale price maintenance contracts or agreements has been debated pro and con. Today most of the states, including Washington, have adopted fair trade laws recognizing and conditioning the legality of such agreements. The purpose of this article is not to analyze the economic aspects and effects of these agreements but rather to present: (1) a brief survey of the early judicial attitudes toward resale price agreements as developed in the federal and state courts; (2) the effect of the Miller-Tydings Amendment to the Sherman Anti-Trust Act on such agreements; (3) the content of the …

An Old Problem In A Modern Guise: Chain Stores And Efficient Integration Under The Sherman Act, William H. Stanford Jr.

Mercer Law Review

Horizontal or vertical integration affords a means for the elimination of competition, and for the expansion of monopoly power which already exists. When a business makes or sells more than one product the business is horizontally integrated. When it transfers goods or services, which could be sold in the market, without making great changes from one of its departments to another, it is called a vertically integrated firm. Advantages of large-scale vertical and horizontal integration have been clearly revealed in criminal prosecutions by the Department of Justice against A & P and its two largest competitors. These chains are integrated …

Interstate V. Intrastate Commerce

Indiana Law Journal

Recent Cases: Interstate Commerce

The Florida Fair Trade Act Case, Manuel Harnik

Washington and Lee Law Review

No abstract provided.