Terminated dealers adopt new tactics
Article Abstract:
The decisions in Monsanto Co v. Spray-Rite Service Co and Business Electronics Corp v. Sharp Electronics Corp have made it harder for terminated dealers to secure an antitrust remedy by proving a conspiracy to fix prices. The fact that antitrust injury requirements are scrutinized more closely an rule-of-reason cases as well. Terminated dealers may be able to pursue other remedies in the areas of state franchise and antitrust laws, RICO, or express and implied contracts. franchise laws, express and implied contracts, state antitrust laws and RICO. Measures for manufacturers who wish to minimize liability are listed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Health care system reforms require coordinated efforts; conflicting policies and laws stand in the way of change
Article Abstract:
Restructuring the US health care system may raise antitrust problems as well as tax and fraud concerns. The antitrust issues arise because the integrated networks which most reform proposals envisions could give rise to questions of unfair competition. Most private hospitals obtain a tax exemption because they are charitable, non-profit institutions, and the financing restrictions on charitable institutions might conflict with a health care reform proposal. The anti-kickback provisions of the Medicare fraud laws could also conflict with the management of an integrated network.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Biotechnology; government controls on drug prices ultimately may stand in the way of innovative medical research
Article Abstract:
The biotechnology industry is concerned that the drug pricing provisions in the Clinton administration's health care reform plan will inhibit medical research. The plan envisions a new agency, the National Health Board, with a committee on new drugs which could subpoena records on these drugs if their prices were thought to be unreasonable. The industry worries that this committee would not listen to tales of expensive research which led to dead ends before the new drug was discovered. Market forces rather than a government agency should rule the pharmaceutical industry.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: An axiology for national health insurance. Mistakes and fraud in medical research. The moral standing of animals in medical research
- Abstracts: Pay for performance. The year of the proactive director: recent developments in the performance and compensation of outside directors
- Abstracts: Privatizing brings new challenges; Latin America. Chile's privatization of sanitation could be model; orderly, government-regulated transition to private sector can be prototype for Latin America
- Abstracts: Disposal of radioactive waste may breed liability; biotech companies must devise effective strategies to minimize potential Superfund exposure
- Abstracts: Treasury/IRS issue list of 1997 priorities for tax regulations and other administrative guidance. State law claim against excess benefit plan sponsor fails where plan administration was tied to ERISA administration