Antitrust Law And Economics In A Nutshell

by Gellhorn, Ernest; Kovacic, William E.; Calkins, Stephen

• ISBN13: 9780314257239
• ISBN10: 0314257233
• Edition: 5th
• Format: Paperback
• Copyright: 2004-08-19
• Publisher: West Academic Publishing

Summary

Reliable guide on antitrust law. Special attention is given to the expanded role of evidentiary standards and the procedural screens in determining litigation outcomes. A look into recent revisions of public enforcement, immunity-related doctrines, and government intervention is also included.

Table of Contents

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