The antitrust laws of the United States of America ; a study of competition enforced by law / by A.D. Neale. With a foreword by Abe Fortas.

Neale, A. D. (Alan Derrett) [Browse]
2d ed.
Cambridge [England] : University Press, 1970.
xiv, 529 pages ; 24 cm.


  • Economic and social studies ; 19. [More in this series]
  • National Institute of Economic and Social Research. Economic and social studies, 19
Bibliographic references
Includes bibliographical references (pages 506-510).
  • Introduction: Background and definitions: the aim and scope of antitrust
  • Objects of the study
  • The main provision of the Sherman Act, Clayton Act and Federal Trade Commission Act; the means of enforcement
  • Sectors of the economy with legislative exemptions from antitrust laws
  • Exemptions for certain practices
  • The origins and historical development of antitrust
  • Definitions; restraint of trade
  • The rule of reason; the views of Chief Justice Taft and Chief Justice White compared
  • Per se rules
  • Plan of the study
  • Part I: The content and administration of antitrust
  • I. Agreements between competitors I. Price fixing
  • Section I of the Sherman Act and restrictive trade agreements
  • Price agreements: the per se rule against price fixing
  • Price filing and 'open competition' cases
  • The detection of collusion in pricing; pricing in conditions of oligopoly
  • Price leadership
  • Note on delivered-price systems
  • II. Agreements between competitors II. Excluding competitors and sharing markets
  • Agreements other than price agreements
  • Collective exclusive-dealing agreements
  • 'Bottleneck' agreements which deny scarce facilities to competitors
  • Collective boycott agreements
  • Agreements for dividing or sharing markets
  • III. Agreements between competitors III. Agreements among small groups
  • Collusion and oligopoly; the law of conspiracy in antitrust
  • The motion picture industry as an example
  • 'Conscious parallelism of action'
  • IV. Monopolization I. The criteria for offences under Section 2 of the Sherman Act
  • Section 2 of the Sherman Act
  • Early cases
  • The Standard Oil case of 1911
  • Cases between 1911 and 1945
  • Other cases since 1945
  • Recapitulation of the law of Section 2
  • V. Monopolization II. Monopolistic practices
  • Definition of monopolistic practices
  • 'Bottleneck' monopolies; boycotts of monopolies
  • Monopoly and price discrimination
  • Mergers and acquisitions
  • Vertical integration
  • Exclusive-dealing and tying contracts
  • VI. Monopolization III. Section 2 of the Sherman Act and oligopoly situations
  • Antitrust and oligopoly
  • Monopolistic practices in conditions of oligopoly
  • Conspiracy to monopolize
  • American Tobacco; Paramount
  • National City Lines; du Pont
  • Recapitulation of the law of section 2 as applying to oligopoly situations
  • VII. The Clayton Act I. Introduction; Mergers and acquisitions
  • Origins and aims of the Clayton Act
  • Original section 7 of the Clayton Act; the 1950 Celler-Kefauver Act amendments
  • Supreme Court treatment of horizontal and vertical mergers
  • Supreme Court treatment of conglomerate mergers
  • The relevant market in merger cases; its product and geographic dimensions
  • Joint ventures and potential competition
  • Section 8 of the Clayton Act and interlocking directorates
  • VIII. The Clayton Act II. Exclusive dealing and tying contracts
  • Section 3 of the Clayton Act and excluding dealing
  • Requirements contracts
  • Tying contracts
  • Problems of distribution; unilateral refusal to deal
  • Territorial and other restriction imposed on distributors
  • IX. The Clayton Act III. Price discrimination
  • Section 2 of the Clayton Act before 1936; the Robison-Patman Act amendments to section 2; the legal issues raised by the Robinson-Patman Act
  • Section 2(1) and discrimination in favour of large buyers; the test of injury to competition under section 2(1)
  • Cost justification
  • Section 2(b) and meeting competition 'in good faith'
  • Section 2(f) and cases against those inducing or receiving illegal discrimination
  • Price discrimination as a weapon in the competition between suppliers
  • Functional discounts under the Robinson-Patman Act
  • Quantity limit rules; the brokerage provisions; subsections 2(d) and 2(e) and advertising allowances; section 3 of the Robinson-Patman Act
  • Note on price discrimination and delivered-price systems
  • X. Resale price maintenance
  • Definition of resale price maintenance; arguments for and against the practice
  • Early decisions under the Sherman Act
  • Refusals by manufacturers to supply goods unless resale prices are maintained; the General Electric case and distribution through agents
  • State fair trade acts; the non-signer clause; the Miller-Tydings law; the Federal Fair Trade Act of 1952 (the McGuire Act)
  • Case law under state fair trade legislation; legal requirements relating to enforcement of fair trade contracts
  • State 'unfair sales' legislation
  • XI. Patents and antitrust
  • The United States patent system and the limits set by antitrust to the exercise of patent rights
  • Price fixing of patented products; limitations of the 'G.E. doctrine'; price stipulations and challenges to the validity of patents
  • Exclusionary and market sharing agreements based on patents
  • Patents and monopolization
  • Patents and violations of the Clayton Act; the distinction between antitrust violation and misuse of patents; the Mercoid cases and the doctrine of contributory infringement
  • Permissible conditions in patent licenses; combination patents; non-use of patents
  • XII. International cartels and antitrust
  • The Sherman Act and 'trade with foreign nations'; the Webb-Pomerene Export Trade Act of 1918
  • Agreements between United States companies relating to foreign markets
  • The Timken case
  • Agreements between United States companies and foreign companies; agreements arising out of exchanges of patents and 'know-how'
  • American jurisdiction over foreign companies in antitrust cases
  • XIII. The administration of the antitrust laws
  • Functions of the antitrust division of the Department of Justice and the Federal Trade Commission
  • The antitrust division; selection of cases for action
  • Detection of offences; methods of investigation; the Grand Jury subpoena
  • The choice between criminal prosecution and civil action
  • Pleas of nolo contendere; consent settlements
  • Informal procedures of enforcement
  • The cost of enforcement
  • The Federal Trade Commission ; structure and functions
  • Complaints; bearings; 'cease and desist' orders
  • Review of appeal courts of Federal Trade Commission decisions and orders
  • Non-litigated procedures
  • Treble-damage actions
  • XIV. Antitrust remedies
  • Criminal and civil remedies
  • The equity powers of the courts in antitrust litigation
  • Remedies ordered in cases of monopolization
  • Practical limitations in the use of dissolution or divestiture decrees; divestiture in merger cases
  • Remedies in patent cases
  • Remedies ordered in consent decrees
  • Part II: Antitrust assessed
  • XV. Antitrust as an American policy
  • The motivation of antitrust
  • The effectiveness of antitrust in relation to restrictive agreements between competitors
  • The effectiveness of antitrust in relation to monpolizing
  • The effectiveness of antitrust in relation to oligopoly
  • The effectiveness of the Clayton Act provisions
  • Exclusive dealing
  • Price discrimination
  • Summing up of the effectiveness of antitrust
  • XVI. Antitrust for export?
  • Political and institutional differences between the United States and Britain and their effect on the objectives of anti-monopoly policy
  • The economics of the monopoly problem
  • The concept of workable competition and anti-monopoly policy
  • Anti-monopoly policy in Britain
  • Appendix: 'Merger guidelines' issued by the United States Department of Justice.
  • 0521076579
  • 9780521076579
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