The courts' assault on the Robinson-Patman Act
Article Abstract:
Courts have been weakening the Robinson-Patman Act by creating new defenses in order to minimize discrepancies with the rest of antitrust law. Under the Morton Salt case, a prima facie presumption for the plaintiff could be established simply by showing substantial and prolonged price discrimination. In interpreting Morton Salt, judges have allowed defenses based on assertions that the discrimination did not cause injury. These defenses are inconsistent with legislative intent. Courts should return to the statutory defenses and allow Congress to decide whether the act should be changed or repealed.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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No team, no peace: franchise free agency in the National Football League
Article Abstract:
Congress should pass legislation to address the adverse impact that franchise free agency in the National Football League is having on municipalities and fans. A partial antitrust exemption should be granted to the league so that it can sue to block team relocation without violating the Sherman Act. Cities should be allowed to retain team colors and names when franchises relocate. Municipal bonds funding stadium projects should not be exempt from federal taxation, and teams should not be allowed to relocate unless public debt incurred in building their stadium is retired.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
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Do guaranteed-low-price policies guarantee high prices, and can antitrust rise to the challenge?
Article Abstract:
Antitrust jurisprudence should in an inventive manner address the problem of high prices resulting from retailers' guaranteed-low-price matching sales policies. The problem does not smoothly fit into traditional methods of antitrust regulation but the anticompetitive effects can exceed those in monopolized markets. Such policies can be approached by attacking vertical price matching agreements between buyers and retailers and by use of state and federal price discrimination and unfair competition laws.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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