Oversight of Antitrust Enforcement: Hearings Before the Subcommittee on Antitrust and Monopoly of the Committee on the Judiciary, United States Senate, Ninety-fifth Congress, First Session ...U.S. Government Printing Office, 1977 - 898 pages |
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Common terms and phrases
activities administration anti Antitrust Division antitrust enforcement antitrust laws antitrust litigation asked Assistant Attorney Attorney General BELL BAKER believe Bell System Bureau Chairman chief class action Clayton Act Colorado committee competition complaint concentration concerned Congress consumer corporate counsel Court of Appeals criminal decision defendant Department of Justice discovery district court divestiture Division's economic effective efforts energy Exxon fact Federal Trade Commission filed firms giants going Government grand jury hearings investigation involved issues judges judicial Justice Department lawyers legislative major matters ment merger oil companies oligopoly Operations parens patriae percent PERTSCHUK pipeline plaintiff price fixing problem procedures question regulated industries regulatory agencies responsibility Senator KENNEDY Senator LAXALT Senator METZENBAUM sentences shared monopoly Sherman Act staff statement statute structure subcommittee suit tion trial trust laws trustbusting violations
Popular passages
Page 409 - ... it shall be unlawful for any person, persons, or corporation, to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination in respect to the transportation of any property in interstate or foreign commerce by any common carrier...
Page 791 - The law, however, does not make the mere size of a corporation, however impressive, or the existence of unexerted power on its part, an offense, when unaccompanied by unlawful conduct in the exercise of its power.
Page 254 - The Federal Trade Commission and the Antitrust Division of the Department of Justice will continue active programs of enforcement of the antitrust laws in the energy industries.
Page 350 - Act, sections 1 and 2 of the Sherman Act, and section 5 of the Federal Trade Commission Act.
Page 438 - Local leadership is diluted. He who was a leader in the village becomes dependent on outsiders for his action and policy. Clerks responsible to a superior in a distant place take the place of resident proprietors beholden to no one. These are the prices which the nation pays for the almost ceaseless growth in bigness on the part of industry.
Page 2 - The Sherman Act was designed to be a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade. It rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the...
Page 113 - ... involves a controlling question of law as to which there is substantial grounds for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order.
Page 791 - And while the same technical objection does not apply to civil prosecutions, the injection of the rule of reasonableness or unreasonableness would lead to the greatest variableness and uncertainty in the enforcement of the law. The defense of reasonable restraint would be made in every case, and there would be as many different rules of reasonableness as cases, courts, and juries.
Page 791 - To amend the Anti-Trust act as suggested by this bill would be to entirely emasculate it, and for all practical purposes render it nugatory as a remedial statute, criminal prosecutions would not lie, and civil remedies would labor under the greatest doubt and uncertainty. "The act as it exists is clear, comprehensive, certain, and highly remedial. It practically covers the field of Federal jurisdiction, and is in every respect a model law.
Page 121 - Will v. United States, 389 US 90, 95 (1967): "The peremptory writ of mandamus has traditionally been used in the federal courts only 'to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it is its duty to do so.