The Rule Of Reason In Antitrust Law


The Rule Of Reason In Antitrust Law
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The Rule Of Reason In Antitrust Law


The Rule Of Reason In Antitrust Law
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Author : René Joliet
language : en
Publisher: Springer
Release Date : 2014-11-14

The Rule Of Reason In Antitrust Law written by René Joliet and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-14 with Law categories.




The Rule Of Reason In Antitrust Law


The Rule Of Reason In Antitrust Law
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Author : Rene Joliet
language : en
Publisher:
Release Date : 1967

The Rule Of Reason In Antitrust Law written by Rene Joliet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Antitrust law categories.




The Rule Of Reason


The Rule Of Reason
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Author : James E. Hartley
language : en
Publisher: American Bar Association
Release Date : 1999

The Rule Of Reason written by James E. Hartley and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.


Eight decades after The Chicago Board of Trade v. U.S. decision, the reasonableness standard remains the core principle of antitrust analysis. While proposals to streamline the rule of reason analysis abound, the most compelling question is whether any of these proposals will gain widespread acceptance. This new guide examines the basic analytical approaches used to evaluate potential anti-competitive conduct and the ongoing debate over their effectiveness and efficiency. Tracing the development of rule of reason analysis from early decisions through present day cases, the book discusses the emergence of the per se standard. The guide concludes with an extended discussion of the key ingredients of the rule of reason mix: anti-competitive effects and market power, efficiency justifications, and the wide variety of methods proposed to try and balance them.



The Rule Of Reason In Antitrust Analysis


The Rule Of Reason In Antitrust Analysis
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Author : Phillip Areeda
language : en
Publisher:
Release Date : 1981

The Rule Of Reason In Antitrust Analysis written by Phillip Areeda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Antitrust law categories.




Principles Of Antitrust Law


Principles Of Antitrust Law
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Author : Stephen F. Ross
language : en
Publisher:
Release Date : 1993

Principles Of Antitrust Law written by Stephen F. Ross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.


This treatise discusses the principal antitrust cases so readers can review precise holdings and fact summaries about each major case. It also includes black letter law and an analysis of current doctrine and trends in the law. Topics include the goals of antitrust law, the development of the Law of Contracts in restraint of trade, market structure and monopoly power, agreements among competitors, vertical restraints, price discrimination, mergers, and anticompetitive harm through governmental action.



The Antitrust Enterprise


The Antitrust Enterprise
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Author : Herbert HOVENKAMP
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30

The Antitrust Enterprise written by Herbert HOVENKAMP and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.


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.



Antitrust Law


Antitrust Law
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Author : Keith N. Hylton
language : en
Publisher: Cambridge University Press
Release Date : 2003-03-27

Antitrust Law written by Keith N. Hylton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-27 with Law categories.


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.



Antitrust Law Policy And Procedure


Antitrust Law Policy And Procedure
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Author : E. Thomas Sullivan
language : en
Publisher:
Release Date : 2003

Antitrust Law Policy And Procedure written by E. Thomas Sullivan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Antitrust law categories.


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.



Competition Effects And Predictability


Competition Effects And Predictability
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Author : Bruce Wardhaugh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-16

Competition Effects And Predictability written by Bruce Wardhaugh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Law categories.


In the US and EU, legal analysis in competition cases is conducted on a case-by-case approach. This approach assesses each particular practice for both its legality and its welfare effects. While this analytic method has the merits of 'getting the result right' by, inter alia, reducing error costs in antitrust adjudication, it comes at a cost of certainty, predictability and clarity in the legal principles which govern antitrust law. This is a rule of law concern. This is the first book to explore this tension between Europe's 'More Economic Approach', the US's Rule of Reason, and the Rule of Law. The tension manifests itself in the assumptions in and choice of analytic method; the institutional agents driving this effects based approach and their competency to use and assess the results of the methodology they demand; and, the nature and stability of the legal principles used in modern effects-based competition analysis. The book forcefully argues that this approach to competition law represents a threat to the rule of law. Competition, Effects and Predictability will be of interest to European and American competition law scholars and practitioners, legal historians, policy makers and members of the judiciary.



The Antitrust Laws


The Antitrust Laws
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Author : John H. Shenefield
language : en
Publisher: American Enterprise Institute Press
Release Date : 1996

The Antitrust Laws written by John H. Shenefield and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Antitrust law categories.


A former top antitrust officer at the U.S. Department of Justice and a noted economist guide readers through the increasingly complex antitrust laws.