Private Litigation Under Section 7 of the Clayton Act

Private Litigation Under Section 7 of the Clayton Act
Author:
Publisher: American Bar Association
Total Pages: 146
Release: 1989
Genre: Law
ISBN: 9780897074551

This publication describes the current state of the law regarding private merger litigation and examines contrasting viewpoints on significant questions that case law has left unresolved.

The Institutional Structure of Antitrust Enforcement

The Institutional Structure of Antitrust Enforcement
Author: Daniel A. Crane
Publisher:
Total Pages: 276
Release: 2011
Genre: Law
ISBN:

This text provides a comprehensive and succinct treatment of the history, structure, and behaviour of the various US institutions that enforce antitrust laws. It also draws comparisons with the structure of institutional enforcement outside the US, and it considers the possibility of creating international antitrust institutions.

Antitrust Basics

Antitrust Basics
Author: Thomas V. Vakerics
Publisher: Law Journal Seminars Press
Total Pages: 1200
Release: 2017-12-28
Genre: Law
ISBN: 9781588520326

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.

Competition Laws in Conflict

Competition Laws in Conflict
Author: Richard Allen Epstein
Publisher: American Enterprise Institute
Total Pages: 428
Release: 2004
Genre: Business & Economics
ISBN: 9780844742014

Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.

Private Antitrust Litigation

Private Antitrust Litigation
Author: Barry Kellman
Publisher:
Total Pages: 680
Release: 1985
Genre: Actions and defenses
ISBN:

Author is an alumnus of Evanston Township High School, class of 1970.

Analyzing Vertical Mergers to Avoid False Negatives

Analyzing Vertical Mergers to Avoid False Negatives
Author: Steven C. Salop
Publisher:
Total Pages: 32
Release: 2019
Genre:
ISBN:

This article analyzes three recent vertical mergers: a private antitrust case attacking the consummated merger of Jeld-Wen and Craftmaster Manufacturing Inc. (“CMI”) that was cleared by the DOJ in 2012 but subsequently litigated and won by the plaintiff, Steves & Sons in 2018; and two recent vertical merger matters investigated and cleared (with limited remedies) by 3-2 votes by the Federal Trade Commission in early 2019 -- Staples/Essendant and Fresenius/NxStage. There are some factual parallels among these three matters that make it interesting to analyze them together. First, the DOJ's decision to clear Jeld-Wen/CMI merger appears to be a clear false negative, and the two dissenting Commissioner suggest that the recent FTC decisions similarly are false negatives. Second, the DOJ and possibly the FTC in Staples/Essendant may have overlooked the “Frankenstein Monster” scenario of input foreclosure. Third, both the DOJ and the FTC in Fresenius/NxStage also apparently relied on the absence of complaints in making their clearance decisions. The analysis of these mergers also suggests several policy implications involving the need to analyze the full range of anticompetitive concerns, the potential for merger retrospectives by independent (as opposed to staff) researchers, the height of the evidentiary burden on the agencies to show competitive harm in light of their limited budgets, and the need for greater transparency in Commission statements, as well as the potential errors in relying on a lack of complaints.

Reconciling Efficiency and Equity

Reconciling Efficiency and Equity
Author: Damien Gerard
Publisher: Cambridge University Press
Total Pages: 475
Release: 2019-05-09
Genre: Law
ISBN: 1108498086

Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.