Details

Subject(s)

• Antitrust law—United States [Browse]

Series

• 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).

Contents

• 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
• ALCOA
• 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.

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ISBN

• 0521076579
• 9780521076579

LCCN

73092251

OCLC

88699

RCP

C - S

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