Antitrust: An Economic Approach

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The law book examines antitrust from an economic perspective, covering antitrust laws of the European Union, the HSR premerger notification rules, takeovers and anti-takeover statutes, and more.

Antitrust: An Economic Approach focuses on the economic reasoning behind antitrust enforcement and examines how day-to-day business decisions may affect your clients' potential antitrust liability.

The book examines antitrust from an economic perspective, covering: antitrust laws of the European Union; the Hart-Scott-Rodino premerger notification rules; takeovers and anti-takeover statutes; the standing of targets, competitors and employees who attack mergers and acquisitions; the Robinson-Patman Act; market power; vertical combinations; franchising; boycotts; and changes in the computer software and health care industries.

The analysis also features: the impact of technological trends and corporate reorganization on mergers and acquisitions; the future of antitrust law and policy in light of accelerated technological, scientific and social change; and significant developments, such as disapproval of false statement prosecutions, the importance of interlocking officers under the Clayton Act, and anti-competitive uses of employee pension and benefit plans.

Book #00579; looseleaf, one volume, 1,340 pages; published in 1983, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-019-7


Additional Information
SKU 579ONL
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-019-7
Page Count 1340
Edition 0
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You're reviewing:Antitrust: An Economic Approach
Richard A. Givens
Mr. Givens is a former regional director of the Federal Trade Commission.
PART I
Foundation of Antitrust Law


CHAPTER 1
The Principal United States Antitrust Laws

§1.01 The Basic Statutes
§1.02 The Antitrust Laws as an Interlocking Whole

CHAPTER 2
The Marketplace: Guiding Image of Antitrust

§2.01 The Open Marketplace as a Model
§2.02 Antitrust: Obsolete?
[1] Goals
[2] Changing Background
[3] Challenges to Traditional Antitrust Theories
[4] Quick Look Rule of Reason
[5] Use of Existing Law and Interpretation
[6] Markets in the New Century

PART II
Market Power


CHAPTER 3
Monopolization Power

§3.01 Overview
§3.02 Monopoly Power
[1] Market Definition
[2] Market Power
[3] Attempted Monopolization
§3.03 Types of Exclusionary Conduct
[1] Predatory Pricing
[2] Tying Arrangements
§3.04 Monopolization of Aftermarkets
§3.05 Technological Innovation
§3.06 Barriers to Market Entry

CHAPTER 4
Section 7 of the Clayton Act

§4.01 The “Anti-Merger” Law
§4.02 Premerger Notification
§4.03 Joint Ventures
§4.04 Directions of Development in a Technological Economy
[1] Relevance of Quick Look Rule of Reason—Including Potential Impact on Leveraged Buyouts
[2] Importance of Internal Structure: Open or Closed?
[3] Relevance of R&D and Innovation
[4] Impact on Jobs and Employer-Employee Relationships?
§4.05 Long Range Prospects
[1] Dedication of Assets to Long Term Profitability
[2] Premerger Notification Tourniquet
[3] Public Perceptions of Insider Trading

CHAPTER 5
The Social and Economic Role of Litigation Concerning Market Power

§5.01 Introduction
§5.02 Relevance of Promotion of Alternatives
§5.03 Impact of Stress on Productivity
§5.04 Law and Economics and the Twenty-First Century
[1] Importance of Law and Economics
[2] Areas of Agreement
[3] Need for Flexibility
§5.05 Consumer Protection and Competition
[1] Antitrust Implications of Consumer Abuse
[2] Deceptions
[3] Other Sources of Distortion
[4] Procedural Obstacles
[5] Bureaucratic Obstacles to Effective Consumer Protection
[6] Opportunities for Collaboration
[7] Protection of Consumers in the Twenty-First Century

PART III
Exercise of Power


CHAPTER 6
An Overview of the Exercise of Power

§6.01 Basic Principles
[1] The Changing Political Economy of Power
[2] Economic Instability and Antitrust Policy
[3] Banking and Antitrust Objectives
[4] The Importance of Integrity in Government
[5] Limitation of Triple Damages
[6] Alternate Dispute Resolution
[7] Consumers and Antitrust Objectives
[8] Agriculture and Antitrust Law
[9] Small or New Enterprises
[10] Long-Run Challenges
§6.02 An Illustrative Example

CHAPTER 7
Horizontal Price Fixing and Allocation of Territories or Customers

§7.01 The General Prohibition
§7.02 Parallel Conduct
[1]  The Oligopoly Problem
[2]  From Theatre Enterprises to Matsushita and the “Plus Factors“ Regime
[3]  Post-Twombly Pleading Requirements

CHAPTER 8
Vertical Combinations

§8.01 Introduction
§8.02 Resale Price Maintenance
[1] Definitions of Resale Price Maintenance
[2] Basic Legal Status of RPM: Abrogation of Per Se Rule
[3] Legislative and Executive Treatment of Per Se Rule
[4] Cycles of Attitudes
[5] Historical Limitations of the Former Per Se Rule
[6] Effective Deterrence of RPM
[7] Sources of Litigation
[8] Maximum Resale Price Maintenance
[9] Criminal Prosecutions
§8.03 Customer and Territorial Restrictions
§8.04 Dual Distribution Systems
§8.05 Options and Risks

CHAPTER 9
Leverage

§9.01 The Leverage Concept
§9.02 Tying Arrangements
§9.03 Reciprocity
§9.04 Full-Line-Forcing
§9.05 Specific Contexts: Shopping Center Leases and Mobile Homes
§9.06 Requirements Contracts

CHAPTER 10
Price Discrimination Under The Robinson-Patman Act

§10.01 The Basic Prohibition
§10.02 Meeting Competition and Cost Justification Defenses
§10.03 Basis for More Expansive Construction of Defenses
§10.04 Areas for Expansion of the Cost Justification Defense
§10.05 Delivery Costs
§10.06 Long-Term Purchases
§10.07 Non-Comparability of Spot Sales with Sales for Future Delivery
§10.08 The “Bigger Box of Wheaties” Discount
§10.09 Good Faith Cost Justification
§10.10 Injury and Damage
§10.11  Buyer Liability
§10.12 Per Se Provisions
§10.13 Other Terms of Sale

CHAPTER 11
Franchising and Dealer Relationships

§11.01 Basic Principles
§11.02 Role of Sales Representatives
§11.03 Deceptive Practices and the Securities Laws
§11.04 [Reserved]
§11.05 The Role of Cooperative Advertising
§11.06 Exclusive Distribution

CHAPTER 12
Interlocking Relationships

§12.01 Section 8 of the Clayton Act
§12.02 Indirect Interlocks Involving Common Suppliers

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