Download or read book How and why the Per Se Rule Against Price fixing Went Wrong written by Sheldon Kimmel and published by . This book was released on 2006 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How and Why the Per Se Rule Against Price Fixing Went Wrong written by Sheldon Kimmel and published by BiblioGov. This book was released on 2013-06 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most scholars believe the Supreme Court dropped its per se rule against price-fixing in Appalachian Coals (1933), re-instituting that rule in Socony-Vacuum (1940), but that the rule ignored "reasonableness" until BMI (1979), and that Maricopa (1982) relied on Socony to step back from "reasonableness" again. However, the view that Socony's per se rule had nothing to do with "reasonableness" came from unreasonably ignoring Socony's comments on Appalachian Coals, which came from misunderstanding Appalachian Coals by ignoring the economic implications of the facts the district court found. Those implications show that Appalachian Coals, Socony, and BMI all gave the same price-fixing rule.
Download or read book How and why the Per Se Rule Against Price fixing Went Wrong written by Sheldon Kimmel and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Takes Two written by Randal C. Picker and published by . This book was released on 2008 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this essay, I want to consider two issues that pertain to the overall question of what antitrust doctrines are up for retirement. First, we can't consider that without understanding how the Supreme Court approaches stare decisis in antitrust. The Court's 5-4 decision in Leegin identified some of the fault lines on this issue. The Court has suggested that it should approach stare decisis differently in statutory areas from the way it approaches it when it reconsiders constitutional decisions. I think that that is wrong and that the Court should apply its approach to stare decisis in constitutional cases to cases based on statutes, such as the Sherman Act. Second, I focus on the evil of evils: horizontal price fixing. I don't think that the Court is likely to retire the per se rule against horizontal price fixing, certainly not directly. We might only realize that it had been overturned after the fact, after the Court had so chipped away at the doctrine that nothing remained. That said, as again Leegin itself suggested, we can't be fully confident that horizontal price fixing is always pernicious, especially when it might be implemented as part of a larger vertical arrangement.
Download or read book Take Two written by Randal C. Picker and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this essay prepared for the American Bar Association's 56th Antitrust Law Spring Meeting, I consider two issues that pertain to the overall question of what antitrust doctrines are up for retirement. First, we can't consider that without understanding how the Supreme Court approaches stare decisis in antitrust. The Court's 5-4 decision in Leegin identified some of the fault lines on this issue. The Court has suggested that it should approach stare decisis differently in statutory areas from the way it approaches it when it reconsiders constitutional decisions. I think that that is wrong and that the Court should apply its approach to stare decisis in constitutional cases to cases based on statutes, such as the Sherman Act. Second, I focus on the evil of evils: horizontal price-fixing. I don't think that the Court is likely to retire the per se rule against horizontal price-fixing, certainly not directly. We might only realize that it had been overturned after the fact, after the Court had so chipped away at the doctrine that nothing remained. That said, as again Leegin itself suggested, we can't be fully confident that horizontal price-fixing is always pernicious, especially when it might be implemented as part of a larger vertical arrangement.
Download or read book Resale Price Fixing and the Supreme Court written by and published by . This book was released on 1983 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Health Care Antitrust written by Aspen Health Law Center and published by Jones & Bartlett Learning. This book was released on 1998 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust laws touch upon a wide range of conduct and business relationships in the delivery of health care services, and the issues that should be of concern to health care organizations are described. Health Care Antitrust provides practical overviews of the principal legal issues relating to health care antitrust, as well as a general understanding of antitrust analysis as applied to contractual relationships and business strategies that present antitrust risks in a managed care environment.
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Download or read book The Rule of Reason and the Per Se Concept written by Robert H. Bork and published by . This book was released on 1965 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Staff Report on Effects of Restrictions on Advertising and Commercial Practice in the Professions written by United States. Federal Trade Commission. Bureau of Economics and published by . This book was released on 1980 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing Cooperative Antitrust Risk written by Donald A. Frederick and published by . This book was released on 1989 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Toward a Per Se Rule Against Price Gouging written by Ramsi Woodcock and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Price gouging is the use of high prices to ration access to a good in unexpectedly short supply. Because sellers can always recoup their costs by choosing not to ration with price and instead allowing the good to sell out, price gouging harms consumers: it transfers wealth from consumers to firms unnecessarily. This harm to consumers could violate the antitrust laws in two ways. First, it could serve as the basis for a per se rule against algorithmic price gouging -- surge pricing -- because the superhuman speeds with which surge pricing algorithms respond to shortages effectively shorten the period during which the effects of competition in the pre-shortage period continue to discipline prices during the shortage, and that should satisfy antitrust' s anticompetitive conduct requirement. Second, price gouging's harmfulness to consumers could serve as the basis for an antitrust prohibition on all price gouging were antitrust at last to take its consumer welfare standard seriously and prohibit consumer-harmful pricing even when not accompanied by anticompetitive conduct.
Download or read book Readings in Price Theory Scholar s Choice Edition written by Kenneth E. Boulding and published by . This book was released on 2015-02-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Standard for Determining the Legality of Vertical Price Restraints written by Arthur M. Magaldi and published by . This book was released on 2019 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section I of the Sherman Act condemns and declares illegal "every restraint, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States." Under the Sherman Act, agreements to fix prices between natural competitors, e.g., retailers or manufacturers, are illegal per se. So-called horizontal price-fixing agreements of this nature do not require analysis by courts to determine whether or not they damage competition because they have been declared illegal by their very nature, i.e., per se. Vertical price-fixing and vertical price restraints, e.g., agreements between manufacturers and distributors which set a minimum price at which a product can be sold, were similarly declared illegal per se in 1911 by the United States Supreme Court in the famous Dr. Miles case. Generally, most other agreements or actions which are not illegal per se but are alleged to be in violation of the Sherman Act are judged by what is known as the rule of reason. Basically, the rule of reason doctrine requires analysis of an alleged violation and the weighing of all circumstances and factors to determine whether a restriction on trade or competition unreasonably restrains competition. Those that do not unreasonably restrain competition are permitted. In 2007, ninety-six years after they established the Dr. Miles rule for vertical restraints, the Supreme Court considered again the question of how agreements between manufacturers and distributors setting minimum prices should be viewed, i.e., under the rule of reason or per se illegal. The following article analyzes the landmark decision.
Download or read book Per Se Illegality and the Rule of Reason written by Gilbert Holland Montague and published by . This book was released on 1958 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Treatment of the Licensing of Certain Intellectual Property written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and published by . This book was released on 1989 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
