Antitrust: An Economic Approach

By Richard A. Givens
Publisher: ALM
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ISBN: 9781588520197
Publisher: ALM
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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 anticompetitive uses of employee pension and benefit plans.

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Table of Contents


PART I

Foundation of Antitrust



CHAPTER 1

The Principal United States Antitrust Laws




CHAPTER 1A

Antitrust In The Twenty-First Century




CHAPTER 2

The Marketplace: Guiding Image of Antitrust



PART II

Existence of Power



CHAPTER 3

Market Power




CHAPTER 4

Section 7 of the Clayton Act




CHAPTER 5

The Social and Economic Role of Litigation Concerning Market Power




PART III

Exercise of Power



CHAPTER 6

An Overview of the Exercise of Power



CHAPTER 7

Horizontal Price Fixing and Allocation of Territories or Customers




CHAPTER 8

Vertical Combinations




CHAPTER 9

Leverage



CHAPTER 10

Price Discrimination Under The Robinson-Patman Act




CHAPTER 11

Franchising and Dealer Relationships




CHAPTER 12

Interlocking Relationships




CHAPTER 13

Group Boycotts




CHAPTER 14

Trade Associations




CHAPTER 15

Arrangements Affecting Non-Price Terms




CHAPTER 16

General Principles in Conduct Cases




PART IV

Boundaries of Antitrust



CHAPTER 17

Commerce




CHAPTER 18

Government Action and Antitrust




CHAPTER 19

First Amendment Considerations and Related Issues




CHAPTER 20

Exemptions




CHAPTER 21

Labor-Management Relations




CHAPTER 22

Patents, Trademarks and Antitrust




CHAPTER 23

Commercial Conduct




PART V

Enforcement and Defense



CHAPTER 24

The New Emphasis on Expedition




CHAPTER 25

Investigation of Antitrust Issues




CHAPTER 26

Public Enforcement




CHAPTER 27

Issues Concerning Private Enforcement




CHAPTER 28

Interplay of Antitrust Remedies and Substantive Law




CHAPTER 29

Antitrust and Innovation



CHAPTER 30

Antitrust Strategy




CHAPTER 31

Impact of Antitrust on the Economy, Business and Other Interests




APPENDICES

Index