Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4
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Full Rule of Reason AnalysisNCAA v. Univ. of Oklahoma (1984) Arrangement is a priori anti-competitive, but allows for an escape valve b/c existence of industry practice or rationale warrants some form of horizontal restraints if the product to be produced at all (availability of television vs. ticket sales) Garners full analysis – output-limiting arrangement, cannot have blind per se rule California Dental Assoc. (1999) J. Souter – questioned the a priori presumption of anti-competitive behavior on the part of the cartel-like behavior by proof of the arrangement; a more sedulous look is necessary b/c the price and non-price restraints are not strictly anticompetitive Reviews justifications – preventing fraudulent advertising has pro-competitive effect (inaccurate information is anticompetitive); however, assessment of competitiveness s/n rely on truthfulness; FTC must present empirical evidence that the restraints would raise prices and decrease output (new requirement) increased burden on π J. Breyer dissent – would have found price restraints as illegal under the quick-look analysis (Indiana Fed. Dentists), but the non-price restraints as worthy of a full rule of reason analysis Directory: sites -> default -> files -> upload documents upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case upload documents -> Federalism – The Structure of Government upload documents -> General Info About Property law upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton upload documents -> Property with Professor Vicki Been upload documents -> Property Outline – Professor Upham, Spring 2000 upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation upload documents -> Complex federal investigations upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations upload documents -> Pricing v. Sanctions Share with your friends:
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