|
Rule Of Reason
The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law. While some actions like price-fixing are considered illegal ''per se'''', ''other actions, such as possession of a monopoly, must be analyzed under the rule of reason and are only considered illegal when their effect is to unreasonably'' '' restrain trade. William Howard Taft, then Chief Judge of the Sixth Circuit Court of Appeals, first developed the doctrine in a ruling on '' Addyston Pipe and Steel Co. v. United States, ''which was affirmed in 1899 by the Supreme Court. The doctrine also played a major role in the 1911 Supreme Court case '' Standard Oil Company of New Jersey v. United States.'' History Upon its development some critics of ''Standard Oil'', including the lone dissenter Justice John Marshall Harlan, argued that ''Standard Oil'' and its rule of reason were a departure from previous Sherman Act case law, which purport ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chicago Board Of Trade V
Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of United States cities by population, third-most populous city in the United States after New York City and Los Angeles. As the county seat, seat of Cook County, Illinois, Cook County, the List of the most populous counties in the United States, second-most populous county in the U.S., Chicago is the center of the Chicago metropolitan area, often colloquially called "Chicagoland" and home to 9.6 million residents. Located on the shore of Lake Michigan, Chicago was incorporated as a city in 1837 near a Chicago Portage, portage between the Great Lakes and the Mississippi River, Mississippi River watershed. It grew rapidly in the mid-19th century. In 1871, the Great Chicago Fire destroyed several square miles and left more than 100,000 homeless, but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rewe-Zentral AG V Bundesmonopolverwaltung Für Branntwein
''Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein'' (1979) Case C-120/78, popularly known as Cassis de Dijon after its subject matter, is an EU law decision of the European Court of Justice. The case is a seminal judicial interpretation of article 34 of the Treaty on the Functioning of the European Union. It established the EU principle of mutual recognition for goods. The Court held that a regulation applying to both imported and to domestic goods (an "indistinctly applicable measure") that produces an effect equivalent to a quantitative import restriction is an unlawful restriction on the free movement of goods. In the same ruling, the Court established the so-called ''rule of reason'', allowing non-discriminatory restrictive measures to be justified on grounds other than those listed in article 36 TFEU. Facts Rewe, a large German retail company, wanted to import and sell Cassis de Dijon, a '' crème de cassis'' blackcurrant liqueur produced in France. The liqu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jefferson Parish Hospital District No
Jefferson may refer to: Names * Jefferson (surname) * Jefferson (given name) People * Thomas Jefferson (1743–1826), third president of the United States * Jefferson (footballer) * Jefferson (singer) or Geoff Turton (born 1944), British singer Places Canada *Jefferson, Alberta United States * Jefferson, Alabama * Jefferson, Columbia County, Arkansas *Jefferson, Jefferson County, Arkansas * Jefferson, Colorado * Jefferson, Camden County, Georgia *Jefferson, Georgia, the county seat of Jackson County * Jefferson, Indiana *Jefferson, Iowa * Jefferson, Kansas *Jeffersontown, Kentucky, originally known as Jefferson * Jefferson, Louisiana *Jefferson, Maine * Jefferson, Maryland * Jefferson, Massachusetts, a village in the town of Holden * Jefferson, Minnesota *Jefferson, New Hampshire *Jefferson, New York, a town **Jefferson (CDP), New York, main hamlet in the town *Jefferson, North Carolina *Jefferson, Ohio *Jefferson, Oklahoma *Jefferson, Oregon *Jefferson, Greene Count ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tying (commerce)
Tying (informally, product tying) is the practice of selling one product or service as a mandatory addition to the purchase of a different product or service. In legal terms, a ''tying sale'' makes the sale of one good (the ''tying good'') to the de facto customer (or de jure customer) conditional on the purchase of a second distinctive good (the ''tied good''). Tying is often illegal when the products are not naturally related. It is related to but distinct from freebie marketing, a common (and legal) method of giving away (or selling at a substantial discount) one item to ensure a continual flow of sales of another related item. Some kinds of tying, especially by contract, have historically been regarded as anti-competitive practices. The basic idea is that consumers are harmed by being forced to buy an undesired good (the tied good) in order to purchase a good they actually want (the tying good), and so would prefer that the goods be sold separately. The company doing this bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leegin Creative Leather Products, Inc
''Leegin Creative Leather Products, Inc. v. PSKS, Inc.'', 551 U.S. 877 (2007), is a US antitrust case in which the United States Supreme Court overruled '' Dr. Miles Medical Co. v. John D. Park & Sons Co.'' ''Dr Miles'' had ruled that vertical price restraints were illegal ''per se'' under Section 1 of the Sherman Antitrust Act. ''Leegin'' established that the legality of such restraints are to be judged based on the rule of reason. Facts Leegin, a manufacturer of leather apparel, concluded that its interests would be best served by opting out of a price war "race to the bottom," focusing instead on quality and brand cachet. Accordingly, with specific exceptions, it decided to refuse sale to retailers if they intended to discount its products below their recommended retail price. Five years after this policy was introduced, Leegin discovered that Kay's Kloset was violating the policy by marking down the Leegin products by 20%. When Kay's refused to comply with Leegin's policy, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Oil V
State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a state where the majority identify with a single nation (with shared culture or ethnic group) ** Constituent state, a political subdivision of a state ** Federated state, constituent states part of a federation *** U.S. state * State of nature, a concept within philosophy that describes the way humans acted before forming societies or civilizations State may also refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future governmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resale Price Maintenance
Resale price maintenance (RPM) or, occasionally, retail price maintenance is the practice whereby a manufacturer and its distribution (marketing), distributors agree that the distributors will sell the manufacturer's product at certain prices (resale price maintenance), at or above a price floor (minimum resale price maintenance) or at or below a price ceiling (maximum resale price maintenance). If a reseller refuses to maintain prices, either openly or covertly (see grey market), the manufacturer may stop doing business with it. Resale price maintenance is illegal in many jurisdictions. Resale price maintenance prevents resellers from Competition#Economics, competing too fiercely on price, especially with regard to Fungibility, fungible goods. Otherwise, resellers worry it could drive down profits for themselves as well as for the manufacturer. Some argue that the manufacturer may do this because it wishes to keep resellers profitable, thus keeping the manufacturer profitable. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continental Television V
Continental may refer to: Places * Continental, Arizona, a small community in Pima County, Arizona, US * Continental, Ohio, a small town in Putnam County, US Arts and entertainment * ''Continental'' (album), an album by Saint Etienne * Continental (card game), a rummy-style card game * ''Continental'' (film), a 2013 film * Continental Singers, a Christian music organization Companies * ContiGroup Companies or Continental Grain * Continental AG, a German automotive parts and technologies manufacturer * Continental Airlines, a former American airline * Continental Electronics, an American radio transmitter manufacturer * Continental Films, a German-controlled French film company during the Nazi occupation of France * Continental Illinois, a defunct large bank * Continental Mortgage and Loan Company (later known as Continental, Inc.), the former name of HomeStreet Bank * Continental Motors, Inc., a Chinese manufacturer of aircraft engines * Continental Oil Company, the origi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vertical Restraints
Vertical restraints are competition restrictions in agreements between firms or individuals at different levels of the production and distribution process. Vertical restraints are to be distinguished from so-called "horizontal restraints", which are found in agreements between horizontal competitors. Vertical restraints can take numerous forms, ranging from a requirement that dealers accept returns of a manufacturer's product, to resale price maintenance agreements setting the minimum or maximum price that dealers can charge for the manufacturer's product. So-called "intrabrand restraints" such as resale price maintenance govern products made by a particular manufacturer, while "interbrand restraints" regulate a dealer's or manufacturer's relationship with its trading partner's rivals (e.g., "English clauses"). Quintessential examples of interbrand restraints include tying contracts, whereby a purchaser agrees to purchase a second product as a condition of obtaining a so-called " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Market Division
Dividing territories, market division or horizontal territorial allocation is an agreement by two companies to stay out of each other's way and reduce competition in the agreed-upon territories. The process known as geographic market allocation is one of several anti-competitive practices outlawed under United States antitrust laws. The term is generally understood to include dividing customers as well. The competitors who agree to this type of arrangement will often reject business from customers in another's territory. Territorial allocation scheme results in an absence of competition in prices and choice of products for the affected customers. Such agreements can be illegal under antitrust regulation. For example, in 1984, FMC Corp. and Asahi Chemical agreed to divide territories for the sale of microcrystalline cellulose, and later FMC attempted to eliminate all vestiges of competition by inviting smaller rivals also to collude. See also *Regional lockout *Market allocation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boycott
A boycott is an act of nonviolent resistance, nonviolent, voluntary abstention from a product, person, organisation, or country as an expression of protest. It is usually for Morality, moral, society, social, politics, political, or Environmentalism, environmental reasons. The purpose of a boycott is to inflict some economic loss on the target, or to indicate a moral outrage, usually to try to compel the target to alter an objectionable behavior. The word is named after Captain Charles Boycott, agent of an absentee landlord in Ireland, against whom the tactic was successfully employed after a suggestion by Irish nationalist leader Charles Stewart Parnell and his Irish Land League in 1880. Sometimes, a boycott can be a form of consumer activism, sometimes called moral purchasing. When a similar practice is legislated by a national government, it is known as a Economic sanctions, sanction. Frequently, however, the threat of boycotting a business is an empty threat, with no signifi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
