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Prepare Yourself.
Because the effects of antitrust legislation are so pervasive, no business can afford not to be aware of the most recent developments in antitrust law. Antitrust Laws and Trade Regulations prepares practitioners to confidently advise their clients and to meet the demands of a regulatory atmosphere where the law is complex and the penalties for violations are high.
Stay Current With Sweeping Changes In Antitrust.
The government agencies responsible for regulating business practices are currently stepping up their efforts to enforce antitrust legislation. Updated with revisions and newsletters, this publication keeps you on top of the latest developments in this rapidly changing field, including: types and analysis of antitrust violations; exemptions to the antitrust laws; treatment of specific industries such as health care; citations organized by federal circuit; and a Primary Source Pamphlet with recent health care, intellectual property and international guidelines.
This is the most comprehensive detailed treatise available on antitrust. Topics include:
• Thorough analysis of types of antitrust violation, including vertical and horizontal restraints, monopolization and price discrimination - and potential defenses to each;
• Practical discussion of transactions that can be problematic under the Sherman, Clayton, Robinson-Patman, Federal Trade Commission and Wilson Tariff Acts;
• Solid treatment of exemptions and immunities;
• Guidance on the antitrust issues affecting specific industries, including telecommunications, health care, transportation, energy, the learned professions and financial institutions and markets;
• Extensive citations organized both by category and jurisdiction;
• Critical examination of the powers and enforcement procedures of the Federal Trade Commission and the Antitrust Division of the Department of Justice, as well as analysis of private antitrust actions;
• Concise analysis of the antitrust laws of each of the 50 states, along with the District of Columbia, Puerto Rico and the Virgin Islands;
• International antitrust laws such as the substantive and procedural framework of competition law at the European Union and Member-State levels and of Canada.
A subscription includes:
• the quarterly Antitrust Report to provide analysis of current developments and focus on the worldwide evolution of antitrust law from a group of nationally and internationally prominent practitioners; and
• the Antitrust Primary Source Pamphlet, which includes the text of all relevant federal and selected state statutes; DOJ and FTC guidelines and statements of policy; National Association of Attorneys General guidelines; and selected international primary source materials.
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Table of contents
VOLUME 1
PART I: STATUTORY OVERVIEW AND HISTORICAL BACKGROUND
CHAPTER 1 Antitrust Policy and Enforcement
CHAPTER 2 The Sherman Act
CHAPTER 3 The Clayton Act
CHAPTER 4 The Robinson-Patman Act
CHAPTER 5 Overview and Jurisdictional Elements of the Federal Trade Commission Act
CHAPTER 6 Jurisdictional Reach of the Antitrust Laws: Interstate and Foreign Commerce
CHAPTER 7 RESERVED
CHAPTER 8 Antitrust and the Common Law
CHAPTER 9 The History of Antitrust Legislation
CHAPTER 10 RESERVED
PART II: RESTRAINTS OF TRADE
SUBPART A RESTRAINTS: GENERAL PRINCIPLES
CHAPTER 11 Restraints of Trade: An Introduction
CHAPTER 12 The Per Se Rule and the Rule of Reason
SUBPART B: HORIZONTAL RESTRAINTS
CHAPTER 13 Horizontal Price Fixing
CHAPTER 14 Horizontal Market Allocation
CHAPTER 15 Horizontal Refusals to Deal
CHAPTER 16 Competitor Collaboration Agreements
CHAPTER 17 RESERVED
SUBPART C: VERTICAL RESTRAINTS
CHAPTER 18 Vertical Price Restraints
CHAPTER 19 Nonprice Vertical Restraints
CHAPTER 20 RESERVED
CHAPTER 21 General Principles Relating to All Exclusionary Purchasing Arrangements
CHAPTER 22 Tying Arrangements
CHAPTER 23 Exclusive Dealing/Requirements Contracts and Reciprocal Dealing Arrangements
VOLUME 2
PART III: MONOPOLIZATION OFFENSES
CHAPTER 24 Market Definition
CHAPTER 25 Actual Monopolization
CHAPTER 26 Attempts and Conspiracies to Monopolize
CHAPTER 27 Predatory Pricing and Other Predatory Conduct
CHAPTER 28 RESERVED
PART IV: MERGERS AND ACQUISITIONS, JOINT VENTURES, AND INTERLOCKING DIRECTORATES
CHAPTER 29 Antitrust Statutes Applicable to Mergers and Acquisitions
CHAPTER 30 Determining Legality and Defenses
CHAPTER 31 Federal and State Merger Guidelines
CHAPTER 32 Remedies in Merger Cases
CHAPTER 33 RESERVED
CHAPTER 34 Premerger Notification
CHAPTER 35 Interlocks Among Directors and Officers
CHAPTER 36 RESERVED
VOLUME 3
PART V: PRICE DISCRIMINATION
CHAPTER 37 Elements of Price Discrimination
CHAPTER 37A Injury To Competition
CHAPTER 38 Primary Line Injury
CHAPTER 39 Customer Level Injury
CHAPTER 40 Defenses to Price Discrimination
CHAPTER 41 Brokerage
CHAPTER 42 Promotional Allowances and Services
CHAPTER 43 Buyer Liability for Price Discrimination
CHAPTER 44 Criminal Liability for Price Discrimination
CHAPTERS 45 RESERVED
PART VI: IMMUNITIES AND EXEMPTIONS
CHAPTER 47 Immunities and Exemptions
CHAPTER 48 RESERVED
CHAPTER 49 The Parker Doctrine: State Action Immunity
CHAPTER 50 The Noerr-Pennington Doctrine: Antitrust Immunity for Efforts to Influence Government Action
CHAPTER 51 Export Trade: Limited Immunity Under the Export Trade Company Act and the Webb-Pomerene Act
CHAPTER 52 RESERVED
CHAPTER 53 Exemptions for Insurance
CHAPTER 54 Exemptions for Labor
CHAPTER 55 Exemptions for Agricultural Cooperatives and Fishermen
CHAPTER 56 Exemptions for Professional Sports
CHAPTER 57 Statutory Exemptions for Joint Ventures
CHAPTER 58 The Soft Drink Interbrand Competition Act
CHAPTER 59 RESERVED
VOLUME 4
PART VII: REGULATED INDUSTRIES AND MARKETS
SUBPART A: INTRODUCTION TO REGULATED INDUSTRIES
CHAPTER 60 The Doctrines of Exclusive (Implied Repeal) and Primary Jurisdiction: Antitrust Exemptions for Regulated Industries
CHAPTER 61 The Filed Rate, or Keogh, Doctrine
CHAPTER 62 RESERVED
CHAPTER 63 RESERVED
SUBPART B: SPECIFIC INDUSTRIES AND MARKETS
CHAPTER 64 Telecommunications
CHAPTER 65 RESERVED
CHAPTER 66 Exchanges, Financial Institutions, and Markets
CHAPTER 67 Transportation
CHAPTER 68 RESERVED
CHAPTER 69 Energy
PART VII: HEALTH CARE AND THE LEARNED PROFESSIONS
CHAPTER 70 Health Care
CHAPTER 71 The Learned Professions, Higher Education, and the Antitrust Laws
PART IX: INTELLECTUAL PROPERTY
CHAPTER 72 Antitrust and Intellectual Property: An Introduction
CHAPTER 73 Acquisition, Fraudulent Procurement, Nonuse, and Bad Faith Enforcement of Intellectual Property Rights
CHAPTER 74 Licensing and Cross-licensing of Intellectual Property CHAPTER 75 Misuse of Intellectual Property
VOLUME 5
PART X: FEDERAL TRADE COMMISSION ENFORCEMENT
CHAPTER 76 Enforcement by the Federal Trade Commission: An Overview
CHAPTER 77 Unfair Competition
CHAPTER 78 Unfair or Deceptive Acts and Practices
CHAPTER 79 Federal Trade Commission Investigations
CHAPTER 80 Federal Trade Commission Adjudicative Proceedings
CHAPTER 81 Remedial Powers of the Federal Trade Commission
CHAPTER 82 Federal Trade Commission Consent Orders: Settlement
CHAPTER 83 Judicial Review and Enforcement of Federal Trade Commission Actions
CHAPTER 84 FTC Rulemaking, Advisory Opinions, Industry Guides, Surveys, and Reports
CHAPTER 85 RESERVED
CHAPTER 86 RESERVED
CHAPTER 87 RESERVED
CHAPTER 88 RESERVED
CHAPTER 89 RESERVED
PART XI: DEPARTMENT OF JUSTICE ENFORCEMENT
CHAPTER 90 Antitrust Enforcement by the Department of Justice: An Introduction
CHAPTER 91 Department of Justice Preliminary Investigations
CHAPTER 92 Full-Scale Investigations by the Department of Justice
CHAPTER 93 Civil Investigative Demands
CHAPTER 94 RESERVED
CHAPTER 95 Government Civil Antitrust Suits
CHAPTER 96 Consent Decrees
CHAPTER 97 Criminal Antitrust Suits
CHAPTER 98 Nolo Contendere Pleas
CHAPTER 99 RESERVED
VOLUME 6
PART XII: STATE ANTITRUST AND TRADE REGULATION LAWS
CHAPTER 100 State Antitrust Law
CHAPTER 101 Alabama
CHAPTER 102 Alaska
CHAPTER 103 Arizona
CHAPTER 104 Arkansas
CHAPTER 105 California
CHAPTER 106 Colorado
CHAPTER 107 Connecticut
CHAPTER 108 Delaware
CHAPTER 109 Florida
CHAPTER 110 Georgia
CHAPTER 111 Hawaii
CHAPTER 112 Idaho
CHAPTER 113 Illinois
CHAPTER 114 Indiana
CHAPTER 115 Iowa
CHAPTER 116 Kansas
CHAPTER 117 Kentucky
CHAPTER 118 Louisiana
CHAPTER 119 Maine
CHAPTER 120 Maryland
CHAPTER 121 Massachusetts
CHAPTER 122 Michigan
VOLUME 7
CHAPTER 123 Minnesota
CHAPTER 124 Mississippi
CHAPTER 125 Missouri
CHAPTER 126 Montana
CHAPTER 127 Nebraska
CHAPTER 128 Nevada
CHAPTER 129 New Hampshire
CHAPTER 130 New Jersey
CHAPTER 131 New Mexico
CHAPTER 132 New York
CHAPTER 133 North Carolina
CHAPTER 134 North Dakota
CHAPTER 135 Ohio
CHAPTER 136 Oklahoma
CHAPTER 137 Oregon
CHAPTER 138 Pennsylvania
CHAPTER 139 Rhode Island
CHAPTER 140 South Carolina
CHAPTER 141 South Dakota
CHAPTER 142 Tennessee
CHAPTER 143 Texas
CHAPTER 144 Utah
CHAPTER 145 Vermont
CHAPTER 146 Virginia
CHAPTER 147 Washington
CHAPTER 148 West Virginia
CHAPTER 149 Wisconsin
CHAPTER 150 Wyoming
CHAPTER 151 District of Columbia
CHAPTER 152 Territories of the United States
CHAPTER 153 Puerto Rico
CHAPTER 154 Virgin Islands
CHAPTER 155 RESERVED
CHAPTER 156 RESERVED
CHAPTER 157 RESERVED
CHAPTER 158 RESERVED
CHAPTER 159 RESERVED
VOLUME 8
PART XIII: PRIVATE ANTITRUST ACTIONS
CHAPTER 160 Private Antitrust Actions: An Introduction
CHAPTER 161 Standing to Sue Under the Antitrust Laws
CHAPTER 162 Antitrust Statutes of Limitations
CHAPTER 163 Venue, Personal Jurisdiction, and Service of Process in Antitrust Actions
CHAPTER 164 Pleadings in Antitrust Actions
CHAPTER 165 Multidistrict Litigation in Antitrust Actions
CHAPTER 166 Certifying Antitrust Class Actions
CHAPTER 167 Summary Judgment in Antitrust Actions
CHAPTER 168 Discovery in Antitrust Actions
CHAPTER 169 Use of Final Government Judgments and Decrees in Private Antitrust Actions
CHAPTER 170 Special Considerations in Trying Antitrust Cases
CHAPTER 171 Recovery of Damages and Interest in Private and Parens Patriae Antitrust Actions
CHAPTER 172 Equitable Relief and Declaratory Judgments in Antitrust Actions
CHAPTER 173 Recovery of Attorney's Fees and Costs
CHAPTER 174 Tax Considerations in Antitrust Practice
CHAPTER 175 Parens Patriae Actions
CHAP. 176-199 RESERVED
VOLUME 9
PART XIV: INTERNATIONAL COMPETITION LAWS
CHAPTER 200 Canada
CHAPTER 201 RESERVED
CHAPTER 202 RESERVED
CHAPTER 203 European Union
CHAPTER 204 United Kingdom
CHAPTER 205 France
CHAPTER 206 Germany
CHAPTER 207 Italy
CHAPTER 208 Belgium
CHAPTER 209 Finland
CHAPTER 210 Greece
CHAPTER 211 Ireland
CHAPTER 212 Austria
CHAPTER 213 Luxembourg
CHAPTER 214 Denmark
CHAPTER 215 Netherlands
CHAPTER 216 Spain
VOLUME 10
CHAPTER 217 Sweden
CHAPTER 218 Portugal
CHAPTER 219 Switzerland
CHAPTER 220 Poland
CHAPTER 221 Czech Republic
CHAPTER 222 Slovak Republic
CHAPTER 223 Slovenia
CHAPTER 224 Hungary
CHAPTER 225 Cyprus
CHAPTER 226 Malta
CHAPTER 227 Estonia
CHAPTER 228 Latvia
CHAPTER 229 Lithuania
