This Understanding treatise is designed to supplement any antitrust casebook. When the first edition was published over twenty years ago, the Supreme Court was in the midst of reshaping antitrust law to reflect its philosophy that it should adhere to the teachings of economics. During the six years since the Fourth Edition was published, this process has continued as the Court sought to achieve greater consistency. For example: • The Court removed resale price maintenance (RPM) from the list of per se unlawful activities. • The Court has also made it clear that it would treat secondary line price discrimination - perhaps the last remaining element of the populous antitrust philosophy of the 1960s - in a manner consistent with its emphasis on efficiency. • The Court made one of its first forays into the theory of monopsony and addressed the question of how antitrust law applies to market power on the buying side of the market. The process of rationalizing antitrust law is far from complete. For example, the Court's newly announced position on RPM raises a number of issues. Specifically, many past decisions by the Supreme Court and lower courts reflect either approval or disapproval of the per se status of RPM. Now that the rule has been changed, the relevance of that law is in question. In addition, a truly consistent antitrust policy requires close attention to various exemptions. Exemptions based on non economic considerations are hard to reconcile with the path the Court has chosen. Finally, in a global economy, matters of market power and the competitive impact of various agreements must be viewed from an international perspective.
Most readers are familiar with the concept of a monopoly. A monopolist is the only seller of a good or service for which there are not good substitutes. Economists and policy makers are concerned about monopolies because they lead to higher prices and lower output. The topic of this book is monopsony, the economic condition in which there is one buyer of a good or service. It is a common misunderstanding that if monopolists raise prices, then monopsonists must lower them. It is true that a monopsonist may force sellers to sell to them at lower prices, but this does not mean consumers are better off as a result. This book explains why monopsonists can be harmful and the way law has developed to respond to these harms.
This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems. Taking examples from regions such as Africa, the Middle East and Asia, Maher M. Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. It is written in a language and style which make such a complex topic both possible to understand and enjoyable.
An Agenda for Resource-Dependent Developing Countries
Author: David Oluwadare Adetoro
Publisher: Cambridge Scholars Publishing
Category: Political Science
This book examines the extent to which competition law and policy could be employed to promote the efficient allocation of resources in resource-dependent developing economies. Its background inquiry into competition policy and the analysis of economic problems of resource-dependent developing economies inspired by global competition trends in the United States and Europe provide an indispensable framework for understanding competition policy and current attitudes to regulation in a liberalised developing economy. The book provides a systematic exposition of some of the problems associated with resource-dependent economies and the implications for competition and what kinds of conduct in which firms can and cannot engage. In addition to building on basic competition and antitrust concepts, it offers insights into some prevailing problems, which include the issue of ‘resource curse’, rent-seeking, corruption, and abusive business practices, among others. Their examination here is aligned with scrutiny of the characteristics of developing countries in contrast to developed countries; Nigeria is taken as a proxy for resource-dependent developing countries. The book also determines whether competition law and policy could be used as a tool for addressing competition problems that may exist in resource-dependent developing countries. This book provides meaningful material for both undergraduate and graduate business school programs. In addition, it will be of great interest to lawyers, historians, economists, sociologists, and policy makers in both government and business who wish to understand competition issues in a clear and rigorous way in developing economies.
'Cases and Materials on Antitrust Law and Its Orgins' are organized over four periods - a 25-year formative period from 1890 to 1914 in which most of today's issues were foreshadowed; a second 25-year period from 1915 to 1939 in which the 'rule of reason'
Contains 625 alphabetically arranged entries that examine various aspects of criminal justice in the U.S., covering criminals, codes and categories of law, law enforcement agencies, courts, corrections, the U.S. Constitution, and Supreme Court rulings. Includes a time line, personages and subject indexes, and other reference materials.
Increasing the Odds of a Creditor's Judgment; Judgment Liens; Enforcing Judgments Through Execution; Finding Property of the Debtor; Garnishment; Fraudulent Conveyances; Bulk Sales; Shielding Exempt Property; Special Rights Under State Law; Federal Tax Lien; Attachment; Replevin; Lis Pendens; Fourteenth Amendment Protection; Other Sources of Due Process Protection; Overview of Bankruptcy; Commencement and Dismissal of a Bankruptcy Case; Stay of Collection Activities; Property of the Estate; Exemptions in Bankruptcy; Avoiding Pre-Bankruptcy Transfers; Post-Bankruptcy Transfers; Effect of Bankruptcy on Secured Claims; Chapter 7 and Unsecured Claims; Leases and Executory Contracts; Discharge; Chapter 11; Chapter 13; Allocation of Judicial Power Over Bankruptcy Matter.
the structure and process of civil antitrust litigation
Author: C. Douglas Floyd,E. Thomas Sullivan
Publisher: Aspen Publishers
Here For The first time is a comprehensive one-volume analysis that helps you to evaluate and successfully bring or defend a private antitrust suit. With Private Antitrust Actions you'll know exactly what it takes to determine if a party has standing to bring a civil antitrust suit, take advantage of (or overcome) available exemptions and immunities, and counsel any business on effective antitrust strategy. With detailed information on how the amount of the award is calculated, you'll be able to evaluate each case for potential recovery (or costs) and attorney's fees. And you'll also see how the federal courts are now interpreting and applying standards governing such matters as: Antitrust injury and standing Federal preemption Insurance exemption for HMOs and managed care plan Labor exemption and professional sports State action immunity Statute of limitations and fraudulent concealment Class certification and settlement Summary judgment and judgment as a matter of law Expert testimony in establishing damages ...plus in-depth exploration of areas where conflicting authority and unresolved questions persist.