The Growing freedom to arbitrate securities and antitrust issues
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The Growing freedom to arbitrate securities and antitrust issues American Bar Association, Section of Litigation 1986 annual meeting by

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Published by American Bar Association in [Chicago, Ill.] .
Written in English

Subjects:

  • Securities -- United States.,
  • Arbitration and award -- United States.,
  • Antitrust law -- United States.

Book details:

Edition Notes

Microfiche. Buffalo, N.Y. : Hein, 1994? negative.

Statementsponsored by Committee on Arbitration, Committee on Antitrust Litigation, Committee on Securities Litigation.
ContributionsAmerican Bar Association. Section of Litigation. Committee on Arbitration., American Bar Association. Committee on Antitrust Litigation., American Bar Association. Securities Litigation Committee., American Bar Association. Meeting
The Physical Object
FormatMicroform
Pagination1 v. (various pagings)
ID Numbers
Open LibraryOL14552201M

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In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues.   Robert Bork’s book, “The Antitrust Paradox: A Policy at War with Itself,” crystallized the Law and Economics-inspired revolt against decades of antitrust jurisprudence.   The authoritative antitrust resource covering mergers and acquisitions, intellectual property and antitrust, predatory pricing, antitrust issues in healthcare, media, and other areas, monopolizing conduct, andquot;substantialandquot; market power, market share and buyer concentration, interlocking directors, refusals to deal, territorial Format: Hardcover. Since the Mitsubishi judgment, the arbitrability of antitrust cases has become a standard admitted in most – if not all – jurisdictions. A great number of books, articles and notes have been published on the subject. Nevertheless, experience shows that several questions may still arise and that the parties should count not only on practitioners understanding the fundamentals of competition.

  The authoritative antitrust resource covering mergers and acquisitions, intellectual property and antitrust, predatory pricing, antitrust issues in healthcare, media, and other areas, monopolizing conduct, "substantial" market power, market share and buyer concentration, interlocking directors, refusals to deal, territorial customer limitation, product tying, contractual arbitration provisions. express post-dispute agreement to arbitrate the antitrust issues. Ad-ditionally, certain procedural and judicial safeguards will be necessary to ensure that the strong public interests underlying effective antitrust enforcement are properly vindicated through the private arbitral process. securities purchaser to choose the forum in which he will bring suit. Wilko v. Swan, U.S. , (). 2 Sherck v. Alberto-Culver Co., U.S. (). Section 78cc of the Securities Exchange Act of , 48 Stat. (codified in scattered sections of 15 U.S.C. §§. This left at least three public policy based issues unresolved, viz.: (1) whether the availability of treble damages in domestic antitrust actions would preclude arbitration; (2) whether upholding pre-dispute agreements to arbitrate domestic disputes would violate public policy; and (3) whether "the pervasive public interest in enforcement of.

DOJ Antitrust Chief Makan Delrahim suggested, during a speech at George Washington University Law School’s annual Antitrust Salon, that this case “could prove to be a model for future enforcement actions, where appropriate, to bring greater certainty for merging parties and to preserve taxpayer resources while staying true to our.   By Samuel Ward and Michael Toomey August 9, , AM EDT. Law, New York (August 9, , AM EDT) There are several federal antitrust laws that ensure fair play and competition in the marketplace. Violations of federal antitrust laws are generally prosecuted in antitrust lawsuits by the U.S. Department of Justice Antitrust Division. Sherman Antitrust Act The Sherman Act, enacted in , is the main federal antitrust law. The United States government went after Standard Oil due to alleged antitrust violations under the Sherman Act. The United States Supreme Court applied the Sherman Act and upheld it, establishing precedent for future cases to be prosecuted under this act.