Article Abstract:
James F. Rill, assistant attorney general in the Antitrust Division of the US Department of Justice, focuses his discussion on the 1992 Horizontal Merger Guidelines, which were issued jointly by the Department of Justice and the Federal Trade Commission, which means that the two federal agencies responsible for merger enforcement are on record as applying the same standards. The Guidelines comprise five steps designed to determine whether a merger will be pro- or anti-competitive. The new treatment of entry is one of the most significant aspects.
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Article Abstract:
The narrowing of grounds for antitrust suits has occurred in reaction to the economic effects of treble damage actions and the proliferation of such actions during the 1970s. The narrowing has occurred with the added evidence a plaintiff must provide to prevent a summary judgment ruling, with making access to the courts more difficult through the restrictive use of procedures such as standing, and with a limitation of the pertinence of per se rules. The automatic trebling of damages makes increased access to antitrust relief problematic.
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Article Abstract:
Laurel A. Price sees progress in the National Assn of Attorneys General's Multistate Antitrust Task Force. The Task Force has fostered cooperation between state and federal agencies such as the Federal Trade Commission and Justice Dept. The association's Merger Guidelines have been amended, and new applications of antitrust to health care have been considered. While Price does not see any bright line test to distinguish state from federal cases, he does see that states may make use of the rule of reason for antitrust analysis.
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