California Dental Association: not a quick look but not the full monty

Article Abstract:

The author describes the case history of the U.S. Supreme Court 1999 antitrust case California Dental Ass'n v. FTC. Discussions of appellate arguments are included.

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60 minutes with John W. Clark, Acting Assistant Attorney General, Antitrust Division, U.S. Department of Justice

Article Abstract:

John W. Clark notes that the Antitrust Division of the Justice Dept has accomplished much in the 1992-93 period. Challenges and reviews of mergers have proceeded, for example with bank mergers. Competitive effects were analyzed for coordination or unilateral effects. Innovations in relief included partial divestitures as with bank merger cases. There were 106 criminal enforcement cases filed, while civil nonmerger cases involved high profile issues of market allocation, price fixing and bid rigging.

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Copperweld in the courts: the road to Caribe

Article Abstract:

The US Court of Appeals for the First Circuit, ruling in Caribe BMW, Inc. v. Bayerische Motoren Werke AG, extended the rule from Copperweld Corp. v. Independence Tube Corp. to a price discrimination situation without considering all the implications. In 1983, the US Supreme Court rule in Copperweld that an antitrust conspiracy was not possible between a parent corporation and its 100% subsidiary. The First Circuit should have applied a test that considers the nature and extent of one party's control over the other, possibly establishing a presumption that the parent exerted control.

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