Since 1945 Congress has exempted certain activities of insurance companies from federal antitrust scrutiny. This exemption, provided by the McCarran-Ferguson Act, is not unqualified; it only applies to insurance company activities that constitute the "business of insurance" and that already are...

The extra-territorial reach of the antitrust laws is subject to multiple constraints, including the Commerce Clause of the constitution, the text of the antitrust statutes, and a variety of policy considerations. At the beginning of the twentieth century, in the American Banana case, the Supreme...

Ever since its enactment years ago, the Robinson-Patman Act has been the center of intense and continuing controversy. Supporters, acclaiming the act as the "Magna Carta of Small Business," contend that the Robinson-Patman law is important to ensure fair competition and to stop monopolies in...

Congressional and judicial attitudes towards the banking industry have reflected two, sometimes conflicting, goals-the maintenance of the solvency of financial institutions to protect the interests of depositors, other creditors and the economy at large; and the promotion of competition among...

The first Annual Conference sponsored by the American Antitrust Institute featured a number of prominent speakers and explored a number of important issues. The Conference had two principal focuses: substantive questions of antitrust liability and the future direction of public enforcement of...

In the first half of the twentieth century, the merger among American businesses was horizontal - the acquisition by one company of one or more of its direct competitors. More recently, however, non-horizontal acquisitions have tended to predominate. These transactions have taken the acquisition...

Let me identify the two basic theses of this paper. First, I believe that in the recent Schiavone v. Fortune case, the Supreme Court gave the Federal Rule of Civil Procedure under consideration there, Rule 15(c), an unduly restrictive reading. In this, the fiftieth year of the effective date of...

Lately, much attention has been given to the scope of the antitrust laws. This discussion has two overlapping components: (1) consideration of the substantive doctrines specifying the behavioral or structural changes that are or are not unlawful and the appropriate methodology; and (2) analysis...