Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4



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Failing Firm


  • Citizen Publishing Co. v. U.S. (1969)

  • Failing Firm Doctrine – judicial created – evidence must shows that:

  • Must also examine effect of Bankruptcy Act, which provides prospect of reorganization

  • Is the failing firm defense an industrial policy defense – we place more value to jobs and interests of stockholders than to the interests of competition and consumers?

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