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State Antitrust Law

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by William T. Lifland

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How are state antitrust laws applied to business conduct? What remedies are available under state law and what defenses may be raised? Find out in this comprehensive guide. State Antitrust Law is organized by substantive area (rather than state by state) so that practitioners can see at a glance how a particular problem is handled around the country. You'll learn how recent appellate rulings have applied state law to various types of anti competitive conduct—monopolization, agreements between competitors, restrictive covenants, supplier-customer agreements, business acquisitions and more.

You'll also read about the interaction of state and federal antitrust laws. Because many states follow federal precedents in construing state law, State Antitrust Law includes concise descriptions of federal antitrust rulings that state courts may consider in resolving antitrust cases. In addition, you'll find a time saving appendix of citations to the principal state antitrust laws.

Book #00583; looseleaf, one volume, 618 pages; published in 1984, updated as needed.
ISBN: 978-1-58852-022-7


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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 618
  • ISBN: 978-1-58852-022-7
  • Pub#/SKU#: 583
  • Volume(s): 1

Author Image
  • William T. Lifland
Mr. Lifland is former senior counsel to the New York firm Cahill, Gordon & Reindel LLP.

CHAPTER 1
Application of State Antitrust Law

§ 1.01 In General
§ 1.02 State Antitrust Statutes
§ 1.03 State Common Law
§ 1.04 Enforcement Mechanism
§ 1.05 Judicial Interpretations
§ 1.06 Relationship to Federal Law
§ 1.07 Relationship to Law of Other States

CHAPTER 2
Monopolization and Unfair Competition

§ 2.01 In General
§ 2.02 Monopolization
§ 2.03 Attempted Monopolization
§ 2.04 Predatory Conduct
§ 2.05 Unfair and Deceptive Practices and Unfair Methods of Competition

CHAPTER 3
Inter-Competitor Agreements

§ 3.01 In General
§ 3.02 Meaning of “Restrain“
§ 3.03 Restraints Inherently Unlawful Distinguished from Other Restraints
§ 3.04 Pricing
[1] Explicit Price Setting Unnecessary
[2] Matters Affecting Price
[3] Desirability of Price Competition
[4] Reasonable and Maximum Prices
[5] Additional Competitive Opportunities
[6] Professional Services
[7] Parallel Pricing
[8]  Suits by Indirect Purchasers
[9] Buyer Liability
§ 3.05 Market or Customer Allocation
§ 3.06 Concerted Refusals to Deal
[1] Multiple Listing Services
[2] Boycotts for Political Ends
[3] Medical Privileges
§ 3.07 Joint Ventures

CHAPTER 4
Covenants Not to Compete

§ 4.01 In General
§ 4.02 Federal Law Principles
§ 4.03 State Law Principles
§ 4.04 Common Law Antecedents
§ 4.05 Restraints Ancillary to the Sale of a Business
§ 4.06 Territorial Scope of Sale Covenants
§ 4.07 Duration of Sale Covenants
§ 4.08 Implied Sale Covenants
§ 4.09 Partial Enforcement of Sale Covenants
§ 4.10 Post-Employment Covenants
§ 4.11 Forfeitures or “Employee Choice” Doctrine

CHAPTER 5
Supplier-Customer Arrangements

§ 5.01 In General
§ 5.02 Pricing
§ 5.03 Territorial and Customer Restrictions
§ 5.04 Exclusive Arrangements
[1] Disposition of Rights by Public Agencies
[2] Shopping Centers
[3] Special State Rules
[4] Mixed Vertical-Horizontal Arrangements
[5] Requirements Contracts
§ 5.05 Tying Arrangements
§ 5.06 Discrimination by Supplier
§ 5.07 Terminations and Refusals to Deal

CHAPTER 6
Acquisitions and Mergers

§ 6.01 The Federal Statute
§ 6.02 The Role of State Law

CHAPTER 7
Affirmative Defenses

§ 7.01 In General
§ 7.02 Capacity and Standing
[1] Indirect Purchasers
[2] Municipal Defendants
§ 7.03 Statutes of Limitations
§ 7.04 Unclean Hands and In Pari Delicto
§ 7.05 Exemptions, Privileges and Immunities
§ 7.06 Arbitration Agreements
§ 7.07 Miscellaneous
[1] Preemption
[2] Alternative Administrative Remedies
[3] Res Judicata
[4] Release
[5] Indispensable Party
[6] Judicial Estoppel

CHAPTER 8
Remedies in State Antitrust Actions

§ 8.01 Introduction
§ 8.02 Remedies in State Government Lawsuits
[1] Criminal Remedies
[2] Civil Remedies
[3] Penalty for Contempt or Violation of Consent Decree
[4] Damages and Parens Patriae Actions
[5] Govenment Investigatory Powers
§ 8.03 Remedies in Private Actions
[1] Injunctive Relief
[2] Damages in Private Actions
[3] Restitution
[4] Class Actions
[5] Costs and Attorneys’ Fees
§ 8.04 Use of Antitrust Violation as Defense to Separate Claims

Appendix
Table of Cases
Index