Kintner's Federal Antitrust Law

This master treatise provides a comprehensive analysis of the development and current status of antitrust law, as well as practical guidance for the application of that law.

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Print Book:12 vols.; clothbound, with current supplement
ISBN: 9780870844515
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ISBN: 9781579115135
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ISBN: 9781579115135
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This master treatise provides a comprehensive analysis of the development and current status of antitrust law, as well as practical guidance for the application of that law.

The brevity and generality of the language of relevant acts, combined with the ever-increasing volume of antitrust litigation and varying philosophies of enforcement and interpretation by courts and agencies, makes Federal Antitrust Law indispensable to corporate counsel, government attorneys, and private practitioners specializing in antitrust law.

Three volumes focus exclusively on nearly 75 years of Federal Trade Commission work, a subject neglected in other antitrust works. Includes thorough examinations of the FTC Act; FTC organization, enforcement and regulatory procedures; deceptive nondisclosure; price advertising and savings claims; business and employment opportunities; and credit and collection practices.

Textual discussion is extensively footnoted with references to all significant decisions of the FTC and federal courts; relevant sections of the United States Code; legislative materials; administrative rules; executive orders; rules of evidence and procedure; state statutes; and important treatises, publications and legal periodicals.

Clear organization, extensive cross-references, individual volume and master indexes speed access to all applicable text discussion and citations.

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Table of contents

 Volume I: Economic Theory, Common Law, and

An Introduction to the Sherman Act


1 Economic Theory and Policy

2 Monopoly at Common Law

3 Trusts at Common Law

4 The Legislative History of the Sherman Act

5 The Constitutional Basis and the Constitutionality of the Sherman Act

6 Interstate Commerce Under the Sherman Act

7 Foreign Commerce Under the Sherman Act 8 Interpretation of the Sherman


Volume II: Practices Prohibited by the Sherman



9 Introduction to the Sherman Act Offenses

10 Definition of the Relevent Market

11 Horizontal Restraints

12 Vertical Price, Territorial and Customer Restraints

13 Vertical Exclusionary Restraints

14 The Monopolization Offenses

Index to Volume II

Volume III: The Robinson-Patman Act


18 Introduction to the Clayton Act

19 Background and Legislative History of the Robinson-Patman Act

20 An Overview of the Robinson-Patman Act

21 Jurisdictional Requirements for a Section 2(a) Violation

22 Injury to Competition Under Section 2(a)

23 Cost Justification Defense

24 Meeting Competition Defense

25 Changing Conditions and Other Defenses

26 Brokerage Provisions: Section 2(c)

27 Promotional Services or Facilities: Sections 2(d) and 2(e)

28 Buyer Liability: Section 2(f)

29 Criminal Sanctions Under Section 3

30 Special Problems of Enforcement of the Robinson-Patman Act

31 The Robinson-Patman Act Today: Criticisms, Responses, Calls for Change,

and Present Status

Volume IV: The Clayton Act-Section 3; Section

7: Mergers and Markets Chapter


32 Section 3 of the Clayton Act

33 Introduction to Section 7 of the Clayton Act

34 Horizontal Mergers

35 Vertical Mergers

36 Conglomerate Mergers

37 Relevant Product Market

38 Relevant Geographic Market

Volume V: The Clayton Act-Section 7: Enforcement;

Sections 8 and 10


39 Enforcement: Damages and Injunctive Relief

40 Remedies Under Section 7 of the Clayton Act

41 Premerger Notification Sections 8 and 10 of the Clayton Act: Interlocking


Volume VI: The Federal Trade Commission-Introduction,

Organization, Procedures, and

Non-adjudicative Regulatory Activities


43 Introduction to the Federal Trade Commission Act

44 The Federal Trade Commission Organization

45 Federal Trade Commission Investigation and Enforcement Procedures

46 Federal Trade Commission Non-adjudicative Regulatory Activities

47 Federal Trade Commission Remedial Activities

Volume VII: The Federal Trade Commission-Unfair

Methods of Competition and Other Practices


48 Unfair Methods of Competition

49 Unfair or Deceptive Acts or Practices

50 Deceptive Nondisclosure

51 Product Description, Composition and Origin

52 Endorsements, Testimonials, Tests and Surveys

53 Deceptive Pictorial and Television Advertising

54 Disparagement and Comparisons Under Section 5 of Federal Trade Commission


55 Free Goods and Offers

56 Price Advertising and Savings Claims

Volume VIII: The Federal Trade Commission-Other

Practices Reviewed


57 Lotteries, Contests, Games and Sweepstakes

58 Direct Sales and Mail Order Marketing

59 Business and Trade Status

60 Career Training Programs and Business Opportunities

61 Warranties and Guarantees

62 Credit and Collection Practices

63 Food, Drugs, Cosmetics, and Devises

64 Special Labeling Statutes

Volume IX: Antitrust Exemptions-Specific

Industries and Activities


65 General Principles Regarding Antitrust Exemptions and Judicial Deference


Administrative Agency Regulation and Supervision

66 Exemptions for Public Utilities

67 Exemptions for Communications Companies

68 Altered Antitrust Standards for Banks and Other Financial Institutions

69 Exemptions for the Securities and Commodities Industries

70 Exemptions for Insurance Industry

71 Agricultural and Related Exemptions

72 Exemptions for Labor Union Activities and Associated Employer-Employee


Volume X: State Action, Noerr-Pennington,

and Special Industry Exemptions


73 Exemptions for Transportation Companies and Organizations

74 Exemptions for Professional and Amateur Sports

75 Miscellaneous Exemptions

76 State Action Doctrine

77 Exemptions for Private Requests for Governmental Action (Noerr-Pennington


Volume XI: Relief, Defenses, Prior Adjudication,
and Statutes of Limitations


78 Prerequisites for Maintenance of Private Right of Action for

79 Monetary and Declaratory Relief

80 Actions for Injunctive Relief

81 Defenses

82 Prior Adjudication

83 Statutes of Limitations

Index to Volume XI

Index Volume