Suchergebnisse

Mimeographed ; Paged continuously ; "Cases on trade regulation. Annotations to part III, copyright 1935" (7 l., 880-957 numb. l.) has special t.-p.; issued also separately ; Includes bibliographies ; Mode of access: Internet.

In two cases, McKesson & Robbins v. Government Employees Department Store, Inc.,' and its companion, Plough, Inc. v. Hogue & Knott Super Market, the challenge to resale price maintenance, already successful in twenty-three other states, was brought to the Tennessee Supreme Court by appeals from two opinions holding the Tennessee Fair Trade Law unconstitutional. The historical background of fair trade legislation and the national controversy surrounding it since 1951 provide essential elements of perspective for consideration of these two cases.

One of the major controversies about Indian development over the past two decades has been whether India would have done better with less restrictive trade and industrial policies. The paper investigates if foreign demand is a constraint for India's exports, whether export subsidies have helped the country's export growth, how important agriculture is in terms of supplying inputs and/or as a source of final demand for industrial growth etc. (DÜI-Sen)

This field of law, not previously treated independently in the annual survey, is designated as Trade Regulation or alternatively as Government or Public Control of Business. In the limit, this body of doctrine is an amalgam of tort and contract principles bearing the impress of the equity practice. These distinct principles are now embodied in both state and federal statutes as the foundations of legal control over competitive commercial conduct. Their scope extends, with different emphasis, from public utility rate regulation to a variety of aspects of market structure and conduct in the unregulated sector of the economy. The principal stuff of which its lawsuits are made includes pricing practices (price-fixing or discriminatory pricing) and other forms of collusive behavior, exclusive dealing arrangements, tying arrangements, mergers, trademark protection,and unfair competition. The decided cases within the period of this survey touch only a few of these topics.

The antitrust laws are a minefield for the uninitiated. Indicative of this reality is the fact that there were no successful civil lawsuits alleging a violation of the antitrust laws brought in Virginia over the past year. A number of conspiracy, monopolization and price discrimination cases were attempted, but they all failed for a variety of reasons outlined in greater detail below. In contrast to the national trend, no antitrust cases with regard to health care were decided in Virginia during the past year. The absence of such cases represents a dramatic change from previous experience, which perhaps reflects the reality that-staff privilege and exclusive dealing cases involving hospitals or physicians are rarely successful under the antitrust laws.