Antitrust Law and Economics in a Nutshell / Edition 4

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In the "free-for-all" competition of today's marketplace we most assuredly do not trust. Thus were antitrust laws born. This text provides a basic understanding of the legal and economic principles that govern modern antitrust practice. It provides students and practitioners a reliable guide to the antitrust landscape, with increased attention to the expanded role of evidentiary standards and procedural screens in determining litigation outcomes. This edition also treats recent revisions of public enforcement, immunity-related doctrines, and government intervention. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.
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Product Details

  • ISBN-13: 9780314026835
  • Publisher: West Group
  • Publication date: 6/28/1994
  • Series: Nutshell Series
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 520
  • Product dimensions: 4.95 (w) x 7.40 (h) x 0.82 (d)

Table of Contents

Table of Cases
Ch. I Restraints of Trade at Common Law 1
A Contracts in Restraint of Trade 3
B Monopoly and Conspiracy 10
Ch. II The Antitrust Statutes 15
A The Demand for Regulation 15
B The Sherman Act 20
C The Clayton and Federal Trade Commission Acts 27
D Institutional Implications 30
Ch. III Antitrust Economics (in a Nutshell) 42
A Some Basic Explanations and Behavioral Assumptions 45
B Basic Economic Models 52
C Current Developments 82
Ch. IV The Monopoly Problem 91
A Monopoly Power 94
B Monopolization: The Uses of Monopoly Power 120
C Attempts to Monopolize 153
Ch. V Horizontal Restraints: The Evolution of Standards 156
A The Economics of Cartels and Transaction Costs 157
B Horizontal Agreements and the Structure of Legal Rules: The Relationship Between Per Se Rules and Reasonableness Standards 165
C Price-Fixing 170
D Market Allocations and Production Controls 196
E Boycotts 204
Ch. VI Horizontal Restraints: Problems of Proof and Characterization 223
A Evidence of an Agreement 223
B Problems of Characterization 239
Ch. VII The Oligopoly Problem 266
A Economists and the Oligopoly Problem 268
B Legal Approaches to the Control of Oligopolies 272
Ch. VIII Vertical Restraints 286
A Transaction Cost Economics and Vertical Relationships 290
B Restrictions on Distribution 292
C Limits on Supplier Power: Exclusionary Practices 326
Ch. IX Mergers 348
A Tensions in Modern Merger Analysis 348
B Competitive Effects Overview 353
C The Sherman Act and Mergers Tending to Monopoly 360
D The Enactment and Amendment of Section 7 of the Clayton Act 363
E The Supreme Court and Merger Analysis Since 1950 366
F Government Merger Guidelines and Premerger Notification 394
G Modern Lower Court Applications 402
Ch. X Patent and Intellectual Property Issues 409
A An Introduction to Patents 411
B Price, Territorial, and Use Restrictions 415
C Settlement and Accumulation 424
D Enforcement of Patents as an Antitrust Violation 429
Ch. XI Price Discrimination and the Robinson-Patman Act 431
A The Origin and Enforcement of Section 2 of the Clayton Act 432
B The Statute Analyzed 435
C Injury to Competition 438
D Defenses 444
Ch. XII The Enforcement and Adjudication Process 449
A Public Enforcement 449
B Private Enforcement 461
C Federal Judiciary 468
Ch. XIII Limits on the Scope of the Antitrust System 473
A Jurisdictional Restrictions 473
B The Effect of Government Intervention 480
Ch. XIV The Changing Balance in Antitrust 497
App.: Sherman Act 506
App.: Clayton Act 507
App.: Federal Trade Commission Act 510
Index 511
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