Antitrust Bulletin articles from June 2000

Antitrust Bulletin archives from June 2000

Introduction.
June 22, 2000... As we move into the 21st century and a new administration, it is useful to take a look back at antitrust policy over the last 20 years. Although the seeds for the collapse of the activist policies of the 1960s and 1970s were planted well before...

The fleeting Reagan antitrust revolution.(Statistical Data Included)
June 22, 2000... The point is not that it is a parallel. The point is that every single man who was there knows that the story is nonsense, and yet it has never been contradicted. It will never be overtaken now. It is a completely untrue story grown to legend...

The antitrust vision thing: how did Bush measure up?
June 22, 2000... I. Throw out the blackboard When the Senate held confirmation hearings for the appointment of James Rill as Assistant Attorney General of the Antitrust Division, Senator Howard Metzenbaum ridiculed the previous Reagan administration for...

Merger enforcement at the Federal Trade Commission in three presidential administrations.(Statistical Data Included)
June 22, 2000... I. Introduction The last 15 to 20 years have seen the rise of modern merger enforcement.(1) Instead of searching the trade press for problematic mergers and then attempting to challenge the transactions with an almost per se...

The per se legality of some naked restraints: a [re]conceptualization of the antitrust analysis of cartelistic organizations.
June 22, 2000... I. Introduction: implausible doctrines and unpredictable holdings One of the few generally reliable rules of antitrust law is that cartels and similar naked restraints are per se illegal regardless of excuse or justification. Despite this...

Cartels and controls in legal training.
June 22, 2000... I. Introduction For more than half a century, and especially during the past 20 years, the American Bar Association (ABA) has administered the accreditation system for law schools as, in economic effect, a cartel of law school faculty,...

"Vertical" excuses for horizontal practices: should there be any per se antitrust rules?
June 22, 2000... I. Introduction A common bifurcation in industrial organization is to categorize relationships among or sometimes within enterprises as "horizontal" and "vertical." Derived from flow charts of industrial processes leading from raw factors...

Some basics about most favored nation contracts in health care markets.(Statistical Data Included)
June 22, 2000... I. Introduction A most favored nation (MFN) provision is a condition in a contract between a buyer and a seller, specifying that the buyer gets the benefit of the lowest price that the seller charges to other buyers. So if Smith, a seller,...

Going European: Britain's new competition law.
June 22, 2000... I. Introduction Exactly 50 years after the passage of the first law of modern times dealing explicitly with competition or antitrust policy in Britain, a new law, fundamentally changing the basis of much of British policy, was passed in...