Antitrust Bulletin articles from December 1999

Antitrust Bulletin archives from December 1999

Introduction: new foundations for joint ventures and antitrust.
December 22, 1999... "The legal entity, the company, is a reality for shareholders, for creditors, for employees, and for tax collectors," Peter Drucker recently writes as noted elsewhere in the symposium, but "economically, it is fiction." However, the legal...

The new business realities.
December 22, 1999... Part 1. Managing in the network society For well over a hundred years all developed countries were moving steadily toward an employee society of organizations. Now this trend is reversing itself. The developed countries, with the United...

The General Motors-Toyota joint venture: a General Motors perspective.
December 22, 1999... I. Why do businesses do such alliances or joint ventures? I'm certainly comfortable talking about strategic alliances because it is a way of doing business today for GM, our industry and really all industries. Today I'd like to talk about...

On competition.
December 22, 1999... Part 1. Introduction(*) Competition has intensified dramatically over the last decades, in virtually all parts of the world. It was not long ago that competition was all but absent in many countries, and in many industries. Markets were...

A "new" rule of reason from Justice Brandeis' "concentric circles" and other changes in law.
December 22, 1999... For over 100 years, antitrust joint venture law has been a morass of confusion and ambiguity. "[I]ncoherence and inconsistency" is how Gellhorn and Miller describe the "case law and enforcement policies applied to joint ventures," including the...

Joint ventures in the European Union and the U.S.
December 22, 1999... I. Introduction The last hundred years of antitrust law relating to joint ventures has, unfortunately, produced a great deal of confusion and risk associated with the creation and operation of joint ventures, particularly joint ventures...

Antitrust advantages to joint ventures under the National Cooperative Research and Production Act.
December 22, 1999... I. Introduction Significant changes in antitrust doctrine are sometimes not immediately noticed. A judicial decision changing the law may issue but for a time remain dormant, ignored by practitioners who choose familiar tools over the one...