Antitrust

Date

1977

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Surveys recent antitrust law cases in the Fifth Circuit, especially those cases concerning standing requirements under the Sherman Act and the Clayton Act. The increased use of per se rules by the courts and the resulting lack of substantive defenses has caused an increase in the number of cases in which the antitrust defendant challenges the plaintiff's standing. The Fifth Circuit reflects this trend, as standing was the most frequently litigated issue during the survey period. Questions of exemption from the antitrust laws were also before the court in several cases for perhaps the same reason. The Fifth Circuit also confronted a case involving a fast food franchise and a tying arrangement, another popular source of antitrust litigation in recent years.

Description

Keywords

Antitrust, Fifth Circuit, Standing, Sherman Act, Tying arrangement, Per se, Clayton Act, Survey

Citation

8 Tex. Tech L. Rev. 941