Anti-competitive forces may stir anew
Differing theories have shaped antitrust jurisprudence since the 1960s. In Brown Shoe Co v US, decided, in 1962, the Supreme Court laid the foundation for a jurisprudence which subordinated economic efficiency to the decentralization of power. Strict per se tests were used to question mergers. Continental TV Inc v GTE Sylvania in the late 1970s heralded a shift to a rule-of-reason analysis which emphasized the economic efficiency to be gained from vertical integration. Eastman Kodak Co v Image Technical Services shifted back to stricter enforcement, a trend which may be continued under Clinton.
Publication Name: The National Law Journal
In the beginning: the Review in antitrust's golden age of the '60s
The 1960s were a golden age for antitrust enforcement in the US, particularly because of the efforts of Federal Trade Commission chair Paul Rand Dixon and industrial organization economist Joe S. Bain. Bain's work developed broad support for the merits of industrial decentralization. Dixon refused to allow mergers between potential competitors that would reduce competition in the long run. It was during this time, 1967 in particular, that the Antitrust Law & Economics Review was begun.
Publication Name: Antitrust Law and Economics Review
Fifteen years after Ethyl: the past and future of facilitating practices
The author discusses the US Court of Appeals for the 2d Circuit's decision in E.I. du Pont de Nemours & Co. v. FTC, the deficiencies in the FTC's handling of the case, and the problem of overcoming the evidence burden in proving a link between anticompetitive performance and practices.
Publication Name: Antitrust Law Journal
- Abstracts: Creating competition policy: Betty Bock and the development of antitrust institutions. The quality of appointments and the capability of the Federal Trade Commission
- Abstracts: Rat day afternoon. Free speech on the firing line: the legal controversy continues. Muzzling the speech cops
- Abstracts: Reading death sentences: the narrative construction of capital punishment. Punishment postgenocide: from guilt to shame to civis in Rwanda
- Abstracts: The states can wait: the immediate appealability of orders denying Eleventh Amendment immunity
- Abstracts: Retail distribution channel barriers to international trade. So you want to be an international financial center ... are you prepared to spit in the giant's eye?