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Author : René Joliet
Publisher : Springer
ISBN 13 : 9401759006
Total Pages : 210 pages
Book Rating : 4.4/5 (17 download)
Download or read book The Rule of Reason in Antitrust Law written by René Joliet and published by Springer. This book was released on 2014-11-14 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Keith N. Hylton
Publisher : Cambridge University Press
ISBN 13 : 9780521793780
Total Pages : 436 pages
Book Rating : 4.7/5 (937 download)
Download or read book Antitrust Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2003-03-27 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.
Author : Andrew I. Gavil
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Moving Beyond Caricature and Characterization written by Andrew I. Gavil and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust law's "rule of reason," first endorsed by the Supreme Court in its 1911 Standard Oil decision, has evolved from a potentially wide-ranging and relatively unstructured inquiry limited in application to cases brought under Section 1 of the Sherman Act into a group of "rules of reason" that are used today to evaluate many different kinds of competitively sensitive conduct. Although still derided by critics as unstructured and error-prone, these rules of reason are instead structured and guided by core economic principles that focus on specific conduct's pro and anti-competitive effects. The burdens imposed on plaintiffs, public and private are demanding, and defendants win the overwhelming proportion of the time. Indeed, today's antitrust rules are the most business-friendly in the history of American antitrust law. In this article, I trace the intellectual history of the modern rule of reason from Standard Oil and Chicago Board of Trade to the more contemporary Supreme Court and appellate court decisions. Under the modern rule of reason that emerges, the instinct to categorize conduct as fitting into seemingly distinct categories subject to either the "per se rule" or the "rule of reason" has been supplanted by the view that the rule of reason is a single standard that is subject to varying modes of application -- a sliding-scale continuum that is focused on the nature and extent of the evidence of competitive effects. The article specifically revisits the origins of the "quick look" approach to applying the rule of reason and finds fault in the association of the quick look with evidence of "actual" anti-competitive effects. The quick look was rooted in a confidence that courts could, through rudimentary economic reasoning, easily discern the anti and pro-competitive potential of conduct in many cases short of "elaborate inquiry." "Economic reasoning" not "actual effects" is the foundation of a useful quick look. The article concludes by suggesting three reforms that might improve the application of the modern rules of reason, including a revitalized quick look that would integrate a more symmetrical plausibility screen. That screen would simultaneously evaluate the economic basis for both the plaintiff's case of anti-competitive effect and the defendant's assertion of efficiencies or other cognizable justifications.
Author : Thomas V. Vakerics
Publisher : Law Journal Seminars Press
ISBN 13 : 9781588520326
Total Pages : 1200 pages
Book Rating : 4.5/5 (23 download)
Download or read book Antitrust Basics written by Thomas V. Vakerics and published by Law Journal Seminars Press. This book was released on 2017-12-28 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book anticipates virtually every antitrust issue you can expect to face, including: horizontal and vertical restraints; joint ventures; private treble damage actions; price fixing; and more.
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author : Herbert HOVENKAMP
Publisher : Harvard University Press
ISBN 13 : 9780674038820
Total Pages : 392 pages
Book Rating : 4.0/5 (388 download)
Download or read book The Antitrust Enterprise written by Herbert HOVENKAMP and published by Harvard University Press. This book was released on 2009-06-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Author :
Publisher : National Academies
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.1/5 (36 download)
Download or read book Reforming Physician Payment written by and published by National Academies. This book was released on 1984 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael A. Carrier
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Four-Step Rule of Reason written by Michael A. Carrier and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pity the Rule of Reason. The framework employed in the majority of antitrust cases is frequently discussed but continually misunderstood. It is associated with balancing, but its burden-shifting framework almost never reaches that stage. It is called indeterminate, but its analysis is not. And now--thanks to the Ninth Circuit, with an assist from the Supreme Court--it is kneecapped, with balancing extricated from its framework.Courts employ the rule of reason to assess a restraint's effects on competition. Commentators have recently debated the predictability and appropriate structure of the analysis. But as these nuances have been fleshed out in the literature, courts appear to have lost sight of first principles--the jurisprudence, purpose, and analytical basis of the rule of reason. This oversight was most recently illustrated by the Ninth Circuit in NCAA v. O'Bannon and the Supreme Court in Ohio v. American Express. These detours threaten potential consequences of reduced clarity, unreasonable burdens on plaintiffs, and outcomes that lack the critical weighing of competitive effects at the heart of the rule of reason.The rule of reason has four steps, not three. This article confirms this basic, but important, point. Faithful application of the fourth step in a disciplined manner is consistent with antitrust history and necessary to effectuate the principles underlying standard antitrust analysis. It does not make sense to ask courts to assess a restraint's effects on competition while taking away the option of balancing anticompetitive and procompetitive effects.
Author : E. Thomas Sullivan
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.F/5 ( download)
Download or read book Antitrust Law, Policy, and Procedure written by E. Thomas Sullivan and published by . This book was released on 2003 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Edition continues to emphasize cases as the best way to teach antitrust law. The principal cases in this edition are the best and most current legal precedents. Judicial opinions are supplemented by historical and economic discussions and analyses. In particular, the notes discuss varying antitrust ideologies, confronting their defects and presenting their strengths. This new edition adds rich new material on: the transnational reach of the United States2 antitrust law; antitrust2s application to intellectual property; the Microsoft case and its history as it implicates monopolization, tying doctrine and market power analysis; expert testimony after Daubert and its relationship to antitrust summary judgment motions; and antitrust2s application in the field of regulated industries.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Phillip Areeda
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.3/5 (243 download)
Download or read book The "rule of Reason" in Antitrust Analysis written by Phillip Areeda and published by . This book was released on 1981 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jay P. Choi
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103418
Total Pages : 232 pages
Book Rating : 4.8/5 (391 download)
Download or read book Competition Law and Economics written by Jay P. Choi and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this exciting new book, an international team of experts compare market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of an ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada.
Author : William Letwin
Publisher : University of Chicago Press
ISBN 13 : 9780226473536
Total Pages : 320 pages
Book Rating : 4.4/5 (735 download)
Download or read book Law and Economic Policy in America written by William Letwin and published by University of Chicago Press. This book was released on 1981-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Letwin's thorough, carefully argued, and elegantly written work is the only book length study of the Sherman Antitrust Act, a law designed to shape the economic life of a large complex society through maintaining the "correct" level of competition in the economy. This is a superb history and complete analysis of the Act, from its English and American common law antecedents to the events that led to the first revisions of the Act in the form of the Clayton Antitrust and Federal Trade Commission Acts.
Author : Phillip Areeda
Publisher :
ISBN 13 : 9780735529564
Total Pages : pages
Book Rating : 4.5/5 (295 download)
Download or read book Antitrust Law written by Phillip Areeda and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Phillip Areeda
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (77 download)
Download or read book Antitrust Law written by Phillip Areeda and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rene Joliet
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (537 download)
Download or read book The Rule of Reason in Antitrust Law written by Rene Joliet and published by . This book was released on 1967 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Donald A. Frederick
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (89 download)
Download or read book Managing Cooperative Antitrust Risk written by Donald A. Frederick and published by . This book was released on 1989 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
