http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
antitrust laws of the United States of America
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.
by A.D. Neale. With a foreword by Abe Fortas.
Includes bibliographical references (pages 506-510).