Antitrust and Trade Regulation Commons^™

Labor Unions-Application Of Sherman Act Where Refusal Of Union To Admit Employees To Membership Tends To Diminish Employer's Inter-State Business, John S. Dobson

Michigan Law Review

Action by petitioning employer against officers and members of defendant union to recover treble damages under the Sherman Anti-Trust Act and to obtain injunctive relief. Petitioner was a trucking concern carrying freight under a contract with the A&P Company. Defendant union called a strike of all the truckers of the A&P Company in Philadelphia for the purpose of enforcing a closed shop. Violence occurred during the strike, with a union man being killed. A member of the petitioner partnership was tried for the homicide and acquitted. The A&P Company and the union eventually entered into a closed shop agreement, and …

Trade Restraints--Applicability Of Sherman Act To By-Laws Of News Services, Rosemary Scott

Michigan Law Review

The Associated Press is a non-profit association of more than 1,200 publishers. It is incorporated under the laws of New York for the collection, assembly, and distribution of news for the exclusive benefit of its members. The United States charged in an action before a special three-judge district court on a motion for a summary judgement that the news service had violated the Sherman Anti-Trust Act because its by-laws restricted the sale of news to nonmembers and gave each member the power to block the admission to membership of competitors, and because it had a contract with the Canadian Press, …

Unfair Competition--Robinson-Patman Act--Measure Of Damages In Price Discrimination Cases, Milton D. Solomon S.Ed.

Michigan Law Review

Defendant, a seller engaged in interstate commerce, paid clerks' salaries in unequal amounts to customer-clerks competing in the distribution of defendant's products. Where this discrimination had no basis or standing other than the seller's discretion it was held to amount to a violation of section 2, subsections ( d) and (e) of the Clayton Act, as amended by section 1 of the Robinson-Patman Price Discrimination Act, and the measure of damages awarded to the plaintiff was held to be three times the difference between the salary of a clerk paid by the defendant to the plaintiff and that paid to …

Abstracts, Katharine Loomis

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Trade-Marks: Monopoly Or Competition?, Leslie Davidson Taggart

Michigan Law Review

Three articles have appeared in the Georgetown Law Journal in which the thesis is asserted that trade-marks are monopolies in restraint of trade under the Anti-Trust Acts. Their publication seems to have been caused in part by the proposed revision of the United States Trade-Mark Statutes, which was started by a bill originally introduced into the House on January 19, 1938. The thesis of this present article is that a trade-mark in fact distinguishes one man's product from the products of his competitors, with the result that the consumer can make a choice among them.

Legal Problems Relating To The Opa, Ben C. Duniway

Washington Law Review

The title of this paper is "Legal Problems Relating to the OPA." [Office of Price Administration] Like most such titles, it was suggested before this paper was written. I then had in mind discussing certain contested issues which were of interest to me as an OPA lawyer, and which I assumed might also be of interest to you. However, as I began the review of statutes, orders, and decisions necessary for background, I became convinced that probably most practicing attorneys, busy as they must be with a multitude of matters unrelated to OPA, would find a collation and discussion of …

"Enemy" Under The Trading With The Enemy Act And Some Problems Of International Law, Samuel Anatole Lourie

Michigan Law Review

When the United States entered this war and even before, it was evident that the measures and definitions of the Trading with the Enemy Act of October 6, 1917, were obsolete instruments with which to cope, in economic and psychological warfare, with such dangerous enemies as the Axis, particularly Germany. Germany's preparations and planning for the war date back two decades, but took on intensified and conspicuous form only after the access of the Nazis to power.

In all types of warfare numerous weapons, devices and means are openly or secretly used. "Camouflage" is not the exclusive domain of military …

Is The Business Of Insurance Commerce? A Re-Examination In The Light Of Modern Times, Nathan R. Berke

Michigan Law Review

A question of considerable import which has arisen time and again in recent years, particularly since the enactment of the various federal regulatory acts within the past decade, is whether the business of insurance is commerce. Although not a new question, and by no means unanswered by the courts, it has been a subject of recent reconsideration and in all probability will be reviewed by the United States Supreme Court.

Trade Regulation: The American Medical Ass'n Case

Indiana Law Journal

Notes and Comments: Trade Regulation

Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson

Michigan Law Review

Appellee, a producer and packer of raisins in California, alleging that enforcement of the proration marketing agreement established under the California Agricultural Prorate Act would prevent him from fulfilling sales contracts and from purchasing for sale and selling raisins in interstate commerce, brought suit in the district court to enjoin enforcement of the program for marketing the 1940 raisin crop. The marketing program was challenged as in violation of the Sherman Antitrust Act and the commerce clause of the United States Constitution and as in conflict with and superseded by the Federal Agricultural Marketing Agreement Act of 1937. The district …

Trade Restraints - Resale Price Maintenance - Use Of Competitors As Agents, Michigan Law Review

Michigan Law Review

Masonite Corporation, the principal defendant, manufactured and sold for construction purposes a patented wood product known as "hardboard." The other defendants sold, and many of them manufactured, building materials, several having patents that competed with Masonite. After a short period of patent litigation between Masonite and one of its chief competitors, a plan was devised and gradually extended to the other defendants, by which the latter were constituted the del credere agents of Masonite to sell its product at prices and according to terms which it should establish. The agents were not to use the trademarks of Masonite; and the …

Caveat Emptor Versus Caveat Venditor, Charles T. Leviness

Maryland Law Review

No abstract provided.

Labor Activities And Anti-Monopoly Legislation, Robert A. Purdue

Washington Law Review

The uproar of the ancient market place was the symbol of competition until contemporary times. Each purchase or barter was a thing of its own; each buyer was to be treated according to "what this part of the traffic will bear"; each seller was to be heckled until the price would be cut no lower. Although "survival of the fittest" was the keyword, by and large the majority survived. Contrary to popular opinion, however, history has numerous examples of ancient and semi-modern attempts to control some of the unwanted effects of the competitive system. Furthermore, while early civilizations may have …

Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein

Michigan Law Review

In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …

"Cola" Not Enjoined As Mark Or Name

Indiana Law Journal

Notes and Comments: Trade Regulation

Antitrust During National Emergencies: Ii, Thomas K. Fisher

Michigan Law Review

The effects of the Depressions of 1893 and 1929, the Panic of 1907, and World War I upon the enforcement and substantive content of the antitrust law were examined in the first part of this article. Because of the change in government policy toward the law as effected in the early months of the Roosevelt administration, the Depression of 1929 was divided into the years under the Hoover administration and the years under the Roosevelt administration. We have noted that during the former period only twenty-five actions were brought to enforce the law. The legislative policy of that administration in …

Antitrust During National Emergencies: I, Thomas K. Fisher

Michigan Law Review

In this article an examination will be made of the effect of previous national emergencies upon the enforcement and substantive content of the antitrust law. The extent to which the problem as presently constituted has counterparts in the past will be noted. Following the historical survey, consideration will be given to the several steps already taken to accommodate the law to the conditions of an economy in a war of world dimension. In conclusion, suggestions will be made for resolving certain aspects of the problem as yet unsatisfactorily answered. Before entering into a discussion of the past emergencies, a brief …

Trade Restraints - Unlawful Trade Statutes - Sales By Employers To Employees Of Goods Not Handled In Regular Course Of Business, Jay W. Sorge

Michigan Law Review

The title of that once popular tune may soon be changed to "I Can't Get It For You Wholesale." During the last two years the legislatures of four states have passed laws making it unlawful for employers, either individuals, corporations, or other associations, to sell merchandise or other products to their employees unless these articles were actually manufactured by the employer or sold by him in the regular course of his business. It is the purpose of this comment to discuss the need and advisability of such legislation, the statutes which have been enacted, and their enforcement and constitutionality.

General Motors Acceptance Corporation And The Sherman Act

Indiana Law Journal

Notes and Comments: Trade Regulation

Tax Definition Of Reorganization: Mergers And Consolidations, Hugh B. Kuder Jr.

Michigan Law Review

In connection with income taxation, some importance is attached to the difference between mergers and consolidations. The difference may be of import in deciding whether or not income has been realized. Too, when the resulting corporation files a return, it may be necessary to determine whether it is the product of a merger or of a consolidation.

Res Judicata And Conspiracy Cases Under The Sherman Act, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

Consumers' Co-Operatives And Price Fixing Laws, Charles Bunn

Michigan Law Review

The evolution of our business institutions shows us a long procession of experimental procedures, giving rise to de facto commercial forms, many of which have in turn demanded such recognition de jure as should make their position in the business world both clear and safe. Consumers' co-operation is such a procedure. Its underlying idea is simple, that a business owned by its customers, managed under their direction and having no legitimate loyalties except to them, has a better chance to meet their needs than one owned and managed by outsiders. But it has taken many years and many failures to …

Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis

Michigan Law Review

Defendant was indicted for alleged violation of the Pennsylvania Fair Sales Act, which prohibits the "advertisement, offer for sale, or sale of any merchandise at less than cost by retailers or wholesalers," and makes violation of the act a misdemeanor. His motion to quash the indictment was sustained by the court of the quarter sessions and affirmed by the superior court, and the state appealed to the Pennsylvania Supreme Court. Held, affirming, that the statute violates the due process clause of the Fourteenth Amendment since it is not within the power of the state to prohibit sales below cost …

Trade Restraints - Is The United States A Person Within The Treble Damages Provision Of The Sherman Antitrust Act?, William C. Whitehead

Michigan Law Review

The United States filed a complaint charging that defendants had attempted collusively to fix prices in bids submitted by them to the federal government. A judgment for three times the money damages sustained was sought under the Sherman Antitrust Act. Held, that the United States is not a person within section 7 of the act under which relief was demanded. United States v. Cooper Corp., 312 U. S. 600, 61 S. Ct. 742 (1941).

Trade Restraints - Antitrust Laws - Consent Decrees - Right Of Intervention Where Decree Reopened, Gerald M. Lively

Michigan Law Review

In 1935, the Attorney General brought a suit in equity to enforce the antitrust laws, charging Columbia Gas & Electric Corporation and its controlled instrumentality, Columbia Oil & Gasoline Corporation, and individual defendants, with having conspired for the benefit of Columbia Gas to shut out operation in the Indiana-Ohio-Michigan area by the Panhandle Eastern Pipe Line Company, which had built a natural-gas pipe line from the Texas fields to the border of Indiana. Panhandle was an offspring of Missouri-Kansas Pipe Line Company, or Mokan, which at the time of the suit owned half its stock and half its junior debt. …

Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review

Michigan Law Review

In order to combat the practice of "style piracy" among competitors, a large number of producers of women's coats and dresses formed an association, whose membership was composed of designers, manufacturers, and distributors. Producers adjudged copyists by the association were not permitted membership. The clear purpose of the association was primarily to boycott retailers who refused to deal solely with members of the association, and secondarily to boycott, and eliminate competition from, the copyists. In addition there was provided a system of registration for designs made by members, and a judicial type of machinery for protecting the designers' interest therein. …

Federal Courts - Federal Rules Of Civil Procedure - Rule 12(E) - Motion For Bill Of Particulars, Oliver B. Crager

Michigan Law Review

The United States brought an action against defendants, movie distributors and producers, for alleged conspiracies and monopolies in violation of the Sherman Anti-Trust Act. Defendants moved for a more definite statement or a bill of particulars under federal rule 12 (e). Held, bill of particulars allowed as to demands seeking ultimate facts, denied as to demands seeking evidentiary matter. United States v. Schine Chain Theatres, (D. C. N. Y. 1940) 1 F. R. D. 205.

Price Fixing Agreements And The Sherman Act

Indiana Law Journal

Notes and Comments: Trade Regulation

Trade Regulation: Inducing Breach Of Contract And Refusal To Deal In The Absence Of Conspiracy And Monopoly, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.

Trade Secrets: Solicitation Of Customers By Former Employee, John J. Justice

Kentucky Law Journal

No abstract provided.