Antitrust and Trade Regulation Commons^™

Regulation Of Business-Antitrust Law As Affected By Standard Oil Company Of California V. United States, William R. Worth S. Ed.

Michigan Law Review

In Standard Oil Company of California v. United States, the Supreme Court of the United States has given what appears to be a final and definitive answer to this question, although differing from what had formerly been thought to be the "final and definite answer." This comment will be centered on that case and its implications.

The Basing Point System, By Fritz Machlup, Walter Adams

Indiana Law Journal

No abstract provided.

A Critique Of The New British Monopoly Act, Gerald M. Meier

Michigan Law Review

In 1948 the British Parliament passed the Monopoly and Restrictive Practices (Inquiry and Control) Act. It is instructive to examine this Act against the background of the criticisms and suggestions for improvement which have emerged with sixty years of American anti-trust legislation. Section one of this paper presents some reasons why the measure has appeared at this time. The next section summarizes the Act's provisions. Section three contrasts the British technique of monopoly control with the American and considers whether the different approach is likely to avoid the debilities which have become evident in the American legislation.

Economic Considerations In The Enforcement Of The Antitrust Laws Of The United States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

The Unwary Purchaser In Unfair Trade Cases, Julius R. Lunsford Jr.

Mercer Law Review

In cases involving the sale of real estate, the legal maxim "Caveat Emptor" (Let the buyer beware) is applicable. In sales of personal property substantially the same rule applies.' The buyer in unfair trade cases is not confronted with such a burden and assumes the status of a "bona fide purchaser for value" in its true and literal meaning. Generally speaking courts do not decide unfair trade cases by the caveat emptor rule of buyer and seller.

Resale Price Maintenance, Stanley D. Rose

Vanderbilt Law Review

There was a tide in the affairs of men that was taken at its flood by the National Association of Retail Druggists--and it led on to fortune. For this band of little men the Miller-Tydings Amendment to the Sherman Act I was the end of a thirty years war. Enjoined in 1907 from attempting to force up retail price margins and maintain retail drug prices at a uniform level, this association joined with other groups desirous of achieving similar ends in an effort, year after year, to persuade Congress to permit the making of contracts between manufacturers and retailers that …

Antitrust Laws And The Right To Know, Philip Marcus

Indiana Law Journal

No abstract provided.

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …

Labor Law-Constitutional Law-Due Process Of Law-State Power To Enjoin Peaceful Picketing, L. B. Lea S.Ed.

Michigan Law Review

Plaintiff was a wholesale ice distributor, selling ice to independent contractors. Defendants were members and officers of a union which represented many of the truck drivers employed by these peddlers. In carrying out a scheme to unionize all peddlers, defendants attempted to obtain plaintiff's agreement not to sell ice to non-union peddlers. Such an agreement would violate the state anti-trust law. On plaintiff's refusal, defendants peacefully picketed its plant. Plaintiff immediately suffered an 85% loss of business, and the state court granted it an injunction against the picketing. On appeal to the Supreme Court of the United States, held, …

Broad Scope Of State Regulatory Power Reaffirmed

Indiana Law Journal

Recent Cases: Due Process

Delivered Prices: Doing Business Under The Present Law, Corwin D. Edwards

Michigan Law Review

What is involved in doing business under the present law concerning delivered prices? Since the ease or difficulty of doing business in accord with the law depends upon what the law permits and prohibits, to answer this question requires an assumption about what the law is. I shall assume that the scope of legally permissible action is that envisaged in the statement which the Federal Trade Commission issued to its staff and released to the public last October 12. This statement says, in effect, that businessmen are not required to sell f.o.b. mill or to adopt any particular form of …

Trade Regulation-State Fair Trade Acts And Supplementary Federal Legislation, Earl R. Boonstra

Michigan Law Review

The state Fair Trade Acts and the federal Miller-Tydings Act were enacted for the avowed purpose of exempting vertical price fixing contracts from the federal and state anti-trust laws. This legislation followed several court decisions which had declared resale price maintenance agreements unlawful trade restraints. The first Fair Trade Act was enacted by California in 1931, and by 1941 all but four jurisdictions had passed similar legislation. In 1936, the United States Supreme Court upheld the constitutionality of the California and Illinois acts on the broadest of grounds; and while the Miller-Tydings Act has not been passed upon, its constitutionality …

Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review

Michigan Law Review

A Review of ANTITRUST LAWS, ET AL. V. UNIT OPERATION OF OIL OR GAS POOLS By Robert E. Hardwicke.

Cartels Or Competition? The Economics Of International Controls By Business And Government, By George W. Stocking And Myron W. Watkins, Theodore J. Kreps

Indiana Law Journal

No abstract provided.

The Cement Decision And Basing-Point Pricing Systems, Clyde L. Ball

Vanderbilt Law Review

The period since the end of World War II has been marked by a tremendous volume of litigation arising under the federal anti-trust statutes. One of the Government's principal attacks has been aimed at the basing-point system of pricing which has been employed in many basic industries. This attack marked no new departure on the part of the Government; the Federal Trade Commission has consistently opposed the system, and the courts have repeatedly been called upon to review Commission orders aimed at some feature of the basing-point system.

Until recently the system had successfully withstood these attacks. It had weathered …

The Cement Decision And Basing-Point Pricing Systems, Clyde L. Ball

Vanderbilt Law Review

The period since the end of World War II has been marked by a tremendous volume of litigation arising under the federal anti-trust statutes. One of the Government's principal attacks has been aimed at the basing-point system of pricing which has been employed in many basic industries. This attack marked no new departure on the part of the Government; the Federal Trade Commission has consistently opposed the system, and the courts have repeatedly been called upon to review Commission orders aimed at some feature of the basing-point system.

Until recently the system had successfully withstood these attacks. It had weathered …

A National Policy For The Oil Industry, By Eugene V. Rostow, Philip B. Kurland

Indiana Law Journal

No abstract provided.

Rostow: A National Policy For The Oil Industry., Michigan Law Review

Michigan Law Review

A Review of A NATIONAL POLICY FOR THE OIL INDUSTRY. By Eugene V. Rostow.

Book Reviews, H. C. Nixon, L. Dale Coffman, George W. Stocking, Victor C. Heck, Constantine G. Belissary

Vanderbilt Law Review

TO SECURE THESE RIGHTS

The Report of the President's Committee on Civil Rights with An Introduction

by Charles S. Wilson, Committee Chairman.

New York: Simon and Schuster, 1947. Pp. xii, 178. $1.00..

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ROSCOE POUND

By Paul Sayre

Iowa City: College of Law Committee

State University of Iowa, 1948. Pp. 412. $4.50.

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A NATIONAL POLICY FOR THE OIL INDUSTRY

By Eugene V. Rostow

New Haven: Yale University Press, 1948. Pp. XVI, 173. $2.50.

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THE TRADE OF NATIONS

By Michael A. Heilperin

New York: Alfred A. Knopf, 1947. Pp. xix, 234. $3.00.

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AMERICA'S ECONOMIC SUPREMACY

By Brooks Adams …

Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii

Michigan Law Review

The attack upon alleged discrimination against industrial development of the South, Southwest, and West by the maintenance of higher freight-rates on shipments from those sections to the greater markets of the North and East has followed two plans: (1) complaint to the Interstate Commerce Commission to remedy the discrimination by the exercise of its power over the rates themselves; (2) anti-trust action against the agencies through which the rates are initiated. The second plan of attack is illustrated by prosecutions brought by the Department of Justice Anti-Trust Division against forty-seven western railroads for illegal conspiracy to set unfair freight-rates, and …

Price Discriminations And Their Justifications Under The Robinson-Patman Act Of 1936, John T. Haslett

Michigan Law Review

The Robinson-Patman Act was approved by the President on June 19, 1936. The purpose of the act was to amend section 2 of the Clayton Act, which prohibited price discriminations in interstate commerce. Congress, by amending section 2 of the Clayton Act, broadened the scope of the section by extending its purposes and prohibitions to price discriminations not formerly covered and by prohibiting other forms of discrimination which give favored purchasers undue cost advantages over their non-favored competitors. It also reduced the extent of requisite competitive injury.

Trade Restraints--Anti-Trust Laws-Tying Contracts--Right Of Selection Of Customers, John F. Buchman, Iii

Michigan Law Review

Defendant, one of the country's largest producers of salt for industrial uses, held patents on two machines for utilization of salt products. It leased these machines on condition that the lessee purchase from defendant all the salt (an unpatented product) to be used with the machines unless salt should become available elsewhere at a lower price. The federal government brought suit under the Sherman and Clayton Acts to enjoin the continued observance of these provisions of the lessee. The district court granted the injunction and ordered that defendant, if offering any machines at all for lease, offer the same to …

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 …

Trade Restraints--Violation Of Robinson-Patman Act As A Defense To Suit For Purchase Price Of Goods, Richard L. Eckhart

Michigan Law Review

Plaintiff brought suit against defendant on renewal notes aggregating about $114,000, the notes representing an accumulated debt on defendant's purchases of cans over a six-year period. Defendant alleged discriminatory quantity discounts in violation of the Robinson-Patman Act. This violation was urged as a defense on two theories: (1) that it denied any recovery of the purchase price, or (2) that it denied, at the least, the recovery of the amount of discrimination which, it was alleged, substantially represented the amount of the notes. The Supreme Court of Florida rejected the defense. Held, affirmed. Four justices dissented. Bruce's Juices, Inc. …

Public Utilities

Indiana Law Journal

Indiana Legislation, 1947

A New Phase Of The Antitrust Law, Robert W. Harbeson

Michigan Law Review

The divergence between the economic and legal concepts of monopoly and the consequences thereof have been emphasized by various writers in recent years. Monopoly in economics means control of the market; that is, the ability of a seller by increasing or decreasing his output to affect the price of the product sold. Moreover, monopoly is recognized as being a matter of degree, depending upon the number of buyers and sellers of a commodity and the availability of adequate substitutes, ranging from pure monopoly through duopoly, oligopoly and monopolistic competition. By contrast, as Professor Mason has pointed out, "The term monopoly …

Federal Courts-Federal Rules Of Civil Procedure-Duty Of Court In Non-Jury Action On Motion To Dismiss Under Rule 41 (B), Merrill N. Johnson

Michigan Law Review

The federal government brought an action to restrain the United States Gypsum Company and thirteen other corporate and individual defendants from alleged violations of the Sherman Anti-Trust Act. Most of the government's evidence came from defendant's officers, employees, and documents with the result that evidence favorable to both the plaintiff and defendants was presented. The government's case required over five months to present and 10,000 pages to record. The defendants then moved to dismiss the complaint with prejudice under Rule 41 (b). In the hearing on this motion, the government contended that the sole question presented was one of law, …

Functional Discounts Under The Robinson-Patman Act, Fred Bartenstein, Jr.

Washington and Lee Law Review

No abstract provided.

Corporations--Merger--Statutory Meaning Of "Same Or Similar Purposes", Ray A. Mcintyre

Michigan Law Review

A merger agreement was drawn up and approved by the necessary statutory majority of shareholders for the merging of a corporation engaged in making and selling razor blades into one which was making and selling pens and pencils; but the minority stockholders of the razor blade company sought a preliminary injunction against the merger on the grounds that it was prohibited by the statute which confines the authority to merge to those corporations which are organized ". . . for the purpose of carrying on any kind of business of the same or similar nature . . . . " …

Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith

Michigan Law Review

It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …