Federal Antitrust Policy

Previous edition, 1st, published 1994.

The first chapter of this book provides an historical review of antitrust law in terms of the political and economic ideas which have shaped it throughout its development. In the successive chapters, the authors provide a sense of the manner in which changes in the underlying economic analysis have shaped the application of the statutes by the enforcement agencies and the courts. The authors have addressed the antitrust issues raised by recent changes in technology, in the rise of global markets, and in the structure of health care markets by devoting three separate chapters to Intellectual Property, International Trade, and Health Care. Author Commentaries throughout the book are designed to probe the doctrinal and policy issues raised by the case excerpts. In keeping with the objective of providing the economic analysis that may amplify and clarify the legal and policy issues, the authors have also taken into account recent trends in the relevant economic literature. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

This work offers an introduction to the complex relationship between economic theory and American antitrust policy. Some topics discussed include: prices, markets and monopolies, facts, value and antitrust, measuring market power, cartels, joint ventures and other combinations of competitors, single-firm monopolization, and many others.

Increasing the Odds of a Creditor's Judgment; Judgment Liens; Enforcing Judgments Through Execution; Finding Property of the Debtor; Garnishment; Fraudulent Conveyances; Bulk Sales; Shielding Exempt Property; Special Rights Under State Law; Federal Tax Lien; Attachment; Replevin; Lis Pendens; Fourteenth Amendment Protection; Other Sources of Due Process Protection; Overview of Bankruptcy; Commencement and Dismissal of a Bankruptcy Case; Stay of Collection Activities; Property of the Estate; Exemptions in Bankruptcy; Avoiding Pre-Bankruptcy Transfers; Post-Bankruptcy Transfers; Effect of Bankruptcy on Secured Claims; Chapter 7 and Unsecured Claims; Leases and Executory Contracts; Discharge; Chapter 11; Chapter 13; Allocation of Judicial Power Over Bankruptcy Matter.

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Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.