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Articles 7141 - 7170 of 7213

Full-Text Articles in Antitrust and Trade Regulation

Constitutional Law-Price-Fixing - Changing Attitudes Apr 1934

Constitutional Law-Price-Fixing - Changing Attitudes

Michigan Law Review

The urgent need for rebuilding and readjusting our economic system has forced the various governments to devise methods by which to achieve those ends. The legislative enactments resulting from the efforts to bring about a "recovery" are destined to be challenged on the due process ground. The public is keenly concerned not alone in the practicality of the methods selected, but in their constitutionality as well. The recent case of Nebbia v. People is not only of interest to the lawyer; it was accepted as "good copy" in leading lay publications. The Supreme Court affirmed the conviction of one Nebbia, …

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The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard Mar 1934

The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard

Michigan Law Review

As long ago as 1873, and very likely even earlier, courts were speaking of the public utility in the sense of the public convenience or advantage, a New Jersey court saying, "these prerogatives (of railway corporations) are grants from the government, and public utility is the consideration for them." This has been often quoted by other courts, notably by your Judge Atherton in the famous case of Scofield v. Railway in 1885. But the term "public utility'' as applied to plants or corporations rendering a public service is very new. It is not to be found in the 1904 edition …

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Constitutional Law-Right To Competition Feb 1934

Constitutional Law-Right To Competition

Michigan Law Review

The appellee was engaged in the business of selling natural gas. A rival utility entered the field duplicating the plant and facilities of the appellee and established with the consent of the Public Service Commission a rate lower than the prevailing rate charged by the appellee. In an attempt to retain its customers against the lower prices of its competitor the appellee lowered its rate several times. The appellants finally ordered the appellee to submit evidence as to the reasonableness of its rates. Upon investigation the Public Service Commission found that the business in the territory was capable of supporting …

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Trade Restraints - Covenants Restricting Owner's Use Of His Premises Jan 1934

Trade Restraints - Covenants Restricting Owner's Use Of His Premises

Michigan Law Review

Plaintiffs and defendant were competing theatre proprietors, owning buildings on opposite sides of the street in X city. For a monetary consideration defendant covenanted to discontinue forever the use of his building as a public theatre. Plaintiffs sought an injunction upon defendant's breach, and defendant demurred on the ground that the covenant was in restraint of trade and not ancillary to any property interest conveyed and requiring protection. Held, injunction granted, for in Ohio a contract in reasonable restraint of trade is enforceable though not incidental to some other independent contract or conveyance; and, if such transaction is necessary, …

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Trade Restraints - Inducing Breach Of Contract Jan 1934

Trade Restraints - Inducing Breach Of Contract

Michigan Law Review

Plaintiff had "exclusive requirement" contracts with 90% of the users of electricity in various communities in Texas. Defendant was in the business of selling municipal electric plants to communities under a plan whereby, on assurance that enough users would enter into exclusive contracts to make the plant a success, the defendant agreed to look for payment to the revenue of the plant only. Installation of a municipal plant would, therefore, necessitate breaches of the "exclusive requirement" contracts on the part of some of plaintiff's customers. Held, that plaintiff was not entitled to an. injunction restraining defendant from inducing plaintiff's …

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After The Nebbia Case: The Administration Of Price Regulation, Frank Edward Horack Jr., Julius Cohen Jan 1934

After The Nebbia Case: The Administration Of Price Regulation, Frank Edward Horack Jr., Julius Cohen

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp Nov 1933

Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp

Michigan Law Review

The way of governmental price regulation has been hard, and such regulation has been carefully confined to businesses clothed with a "public interest." An exception has been recognized where an "emergency" occurs in a business outside of the strict utility field. However, the apparent disruption of the competitive system during the present depression has been productive of legislation seeking to overcome the evils of that system. In People v. Nebbia, the Court of Appeals of New York sustained a recent act of the legislature creating a milk control Board and authorizing the fixing of milk prices for a 12-month …

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Federal Anti-Trust Law And The National Industrial Recovery Act, Howard E. Wahrenbrock Jun 1933

Federal Anti-Trust Law And The National Industrial Recovery Act, Howard E. Wahrenbrock

Michigan Law Review

The economic struggle for existence - the competitive system - which has been principally depended upon to equate the production and consumption of economic goods, is not self-sustaining. Extreme forms of that struggle - engrossing, forestalling, regrating, contracts in restraint of trade, monopoly, unfair competition, to mention some forms at the higher stages of legal development - have had to be restrained by law. Their restriction has been called for to protect the poor and economically weak from oppression by the rich and economically powerful; under a system of complete laissez faire, competition would bring about the elimination of the …

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Federal Trade Commission - False And Misleading Advertising Apr 1933

Federal Trade Commission - False And Misleading Advertising

Michigan Law Review

The law provided neither practical remedies nor suitable means of preventing false and misleading advertising before the passage of the Federal Trade Commission Act in 1914. The doctrine of caveat emptor had long prevented the effectual protection of misled customers and of competitors consequently injured. True, competitors could enjoin or recover damages-for injury by misleading advertising which took the form of common law "unfair competition." The courts had found no great difficulty in extending established common law principles to make unlawful such obvious violations of the proprietary rights of particular competitors as "simulation" and "disparagement." Although there is little question …

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Trade Restraints -- Anti-Trust Laws -- Common Selling Agency Apr 1933

Trade Restraints -- Anti-Trust Laws -- Common Selling Agency

Michigan Law Review

Many students of the decisions under the Sherman Anti-Trust Act have voiced the opinion that the Supreme Court has been using one measuring stick to determine the legality of a combination of competing industrial units which takes the form of a merger or consolidation with highly centralized management and control of all activities, and quite a different stick for judging a combination formed for the purpose of stabilizing prices and production through cooperation in one form or another between competing units which retain their independence so far as management and control of production and financing are concerned. Thus in the …

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Corporations - New Types Of Securities Under Blue Sky Legislation May 1932

Corporations - New Types Of Securities Under Blue Sky Legislation

Michigan Law Review

The plaintiff company, in order to secure capital to finance the purchase and construction of retail gasoline stations and bulk plants in Wisconsin, proposed to sell coupon books for the sum of $35 per book. Purchases made with these coupons entitled the holder of the book to certain credits which, upon accumulation, were to be redistributed to him in cash upon presentation of coupons in the amount of 25 cents or more. Along with each coupon book there was to be issued to each purchaser a so-called good-will contract which, after stating its purpose as being to secure the good …

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Contracts - Partial Illegality - Contract In Restraint Of Trade May 1932

Contracts - Partial Illegality - Contract In Restraint Of Trade

Michigan Law Review

The plaintiff contracted to transfer his law business, property used in connection therewith, and good will to the defendant and to refrain from practicing law within the state until the time set for payment of the balance of the contract price. The balance not having been paid at maturity, the plaintiff brought an action on the contract, alleging full performance on his part. The defendant demurred on the ground that the contract constituted an illegal restraint of trade under Oklahoma statutes which declare that agreements in restraint of trade upon selling the good will of a business are void to …

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Trade Restraints - Resale Price Maintenance Feb 1932

Trade Restraints - Resale Price Maintenance

Michigan Law Review

Petition to review an order of the Federal Trade Commission requiring the petitioner to cease and desist certain trade methods found to be unfair. Held, that while the petitioner had a right to refuse to sell goods to those who did not sell them at the suggested resale prices, with the further right to state to them its reasons for so doing, the petitioner was rightly ordered to desist from requiring dealers, placing orders, to give assurance that they would be governed by the suggested resale prices as a condition precedent to the acceptance of the orders. Shakespeare Co. …

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Contracts - Illegality- General Restraint Of Trade Jan 1932

Contracts - Illegality- General Restraint Of Trade

Michigan Law Review

Defendants sold their stock in a manufacturing corporation with a covenant in the contract to the effect that they would not engage in the sale or manufacture of bunghole appliances in the United States, east of the Mississippi, for a period of sixteen years. Held, a contract which does not permit one to engage in his trade anywhere within the state is one in general restraint of trade and is ipso facto illegal and void. Parish et al. v. Schwartz et al. (Ill. 1931) 176 N.E. 757.

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The Law Of Unfair Competition And Trademarks, Milton Handler Feb 1931

The Law Of Unfair Competition And Trademarks, Milton Handler

Michigan Law Review

A Review of THE LAW OF UNFAIR COMPETITION AND TRADEMARKS By Harry D. Nims.

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Cooperative Associations And The Public, John Hanna Dec 1930

Cooperative Associations And The Public, John Hanna

Michigan Law Review

The American Institute of Cooperation at its first summer meeting in Philadelphia in 1925, devoted many hours to a consideration of the definition of agricultural cooperation. Even at that time cooperative associations had been described, if not defined, by federal legislation. The Bureau of Internal Revenue, the War Finance Corporation and the Intermediate Credit Banks, had also been compelled on numerous occasions to decide whether or not a particular association was entitled to the privileges accorded cooperatives. A determination of the nature of a cooperative was implied in the standard marketing acts adopted in nearly all of the American states. …

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Public Utility Service And Discrimination, Charles S. Hyneman Apr 1930

Public Utility Service And Discrimination, Charles S. Hyneman

Indiana Law Journal

No abstract provided.

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Trade Associations: Their Legal Aspects, By Benjamin S. Kirsh, G. R. Redding Mar 1930

Trade Associations: Their Legal Aspects, By Benjamin S. Kirsh, G. R. Redding

Indiana Law Journal

No abstract provided.

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Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs Jan 1930

Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Book Review. The Anti-Trust Laws Of The United States, Ralph F. Fuchs Jan 1930

Book Review. The Anti-Trust Laws Of The United States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Intercorporate Stockholding Under Section 7 Of The Clayton Act Jun 1929

Intercorporate Stockholding Under Section 7 Of The Clayton Act

Michigan Law Review

It is notorious that the Clayton Act was passed in response to misguided popular agitation based upon erroneous notions as to the scope and effect of the Sherman Anti-Trust Law, and in fulfilment of, campaign promises voiced not only by Wilson, but embodied in the platforms of all three political parties in 1912. Stevens, "The Federal Trade Commission Act," 4 AMER. ECON. REV. 840; "The Clayton Act," 5 ibid. 38; Henderson, THE FEDERAL TRADE COMMISSION, p. 16; Barrett, "The Federal Trade Commission," 81 CENT. L. J.; 166-171, 183-189, 201-207; Taft, THE ANTI-TRUST ACT AND THE SUPREME COURT. Even without the …

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Forestalling, Regrating And Engrossing, Wendell Herbruck Feb 1929

Forestalling, Regrating And Engrossing, Wendell Herbruck

Michigan Law Review

The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …

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Necesidad De Adoptar Una Política De Comercio Exterior: El Plan Hoover, Luis Machado Y Ortega Jan 1929

Necesidad De Adoptar Una Política De Comercio Exterior: El Plan Hoover, Luis Machado Y Ortega

Mario Diaz Cruz Pamphlets

Conferencia leída en la Sociedad Cubana de Ingenieros.

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Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan Apr 1928

Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan

Michigan Law Review

Farmers within recent years have recognized the necessity of combining in larger and still larger numbers, and great cooperative farm organizations have been formed, some of them with sales reaching $100,000,000 each year. These organizations in 1923 did a combined business estimated at $2,200,000,000. "Giant marketing associations, covering whole states, and even groups of states, have been organized with startling rapidity in the great cotton and tobacco growing states." Co-operative marketing legislation has given these groups great and far reaching powers to attain the end of making agriculture more profitable and to secure better returns to the producers of farm …

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Injunction In Labor Disputes--Anti-Trust Laws--"Secondary Boycott". Dec 1927

Injunction In Labor Disputes--Anti-Trust Laws--"Secondary Boycott".

Michigan Law Review

Since the passing of the Sherman Anti-Trust Act in 1890 there has been an enormous increase in litigation concerning the trade union and its activities. When the Supreme Court in the Danbury Hatters' case8 held that labor organizations were included in the provisions of the Sherman Act, and that the so-called "secondary boycott"' was a violation of the terms of this act, labor felt that it had lost a very effective weapon and at once began to fear that the very existence of the labor union was in danger. Not having much hope of relief from the courts, the forces …

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The Rate Base For Rate Regulation, Hugh Evander Willis Dec 1927

The Rate Base For Rate Regulation, Hugh Evander Willis

Indiana Law Journal

No abstract provided.

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Case Books On Public Utilities, Oliver P. Field May 1927

Case Books On Public Utilities, Oliver P. Field

Indiana Law Journal

No abstract provided.

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Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer Apr 1927

Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer

Michigan Law Review

It is just fifty years since the United States Supreme Court, in the now famous case of Munn v. Illinois, first gave sanction in this country to the doctrine that an enterprise may become "affected with a public interest," and in consequence be subject to public regulation. During the half century which has followed the decision in that case, the application of the doctrine has been steadily expanded, bringing within its scope an increasing range and diversity of enterprises. There is basis in economic fact for the belief that the classification of enterprises held to be "affected with a …

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Maintenance Of Resale Prices, Paul L. Sayre Jan 1927

Maintenance Of Resale Prices, Paul L. Sayre

Articles by Maurer Faculty

No abstract provided.

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Early American Price-Fixing Legislation, Arthur S. Aiton Nov 1926

Early American Price-Fixing Legislation, Arthur S. Aiton

Michigan Law Review

One of the most pernicious delusions of legislators is the persistent notion that the enactment of a law is the panacea for any human ill from short sheets in hotels to the immodesty of certain styles of female apparel. The history of law-making is strewn with the wreckage of freak legislation of this character but the law-mills, heedless of the past, continue to spew forth new monstrosities and to revive old failures. That the human family cannot be legislated into a set mold of behavior and that the economic laws which underlie trade and intercourse cannot be enacted out of …

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