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Wednesday, July 29, 2020 | History

2 edition of Amending sections 7 and 11 of the Clayton Act. found in the catalog.

Amending sections 7 and 11 of the Clayton Act.

United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3

Amending sections 7 and 11 of the Clayton Act.

Hearings, Eightieth Congress, first session on H.R. 988, H.R. 2006, H.R. 2734. May 18, 1949

by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3

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  • 36 Currently reading

Published by U.S. Govt. Print. Off. in Washington .
Written in English

    Subjects:
  • Antitrust law -- United States,
  • Monopolies -- United States

  • Edition Notes

    Other titlesClayton act
    ContributionsUnited States.
    The Physical Object
    Paginationiii, 148 p. ;
    Number of Pages148
    ID Numbers
    Open LibraryOL15267108M

    OF THE CLAYTON ACT APPLICABLE TO CORPORATIONS. SCM Corp. v. FTC The interlocking directorate is a practice which involves the sharing of common directors by two or more corporations.' In an effort to combat the anticompetitive effect of interlocks among com-peting corporations, Congress, in , enacted section 8 of the. The Case for Revision of Section 7 of the Clayton Act Section 7 of the Clayton Act, the basic antitrust law affecting merg-ers, today fails to promote competition and consumer welfare. In fact, it often works to subvert these goals, becoming a tool for .

    Committee on the Judiciary: Amending the Immigration and Nationality Act to provide that an adopted alien who is less than 18 years of age may be considered a child under such act if adopted with or after a sibling who is a child under such act: report (to accompany H.R. ) (including cost estimate of the Congressional Budget Office). Treble Damages and Clayton 7 led the judiciary to prohibit § 4 -§ 7 actions not only in those cases where injury had not occurred,7 but even where actual injury of a non- speculative nature was already present.8 The courts could not envision the section 7 violation-the act of merger, as opposed to the subsequent.

    Session laws amending prior acts are often divided into sections within sections; cite bill's sections by abbreviation (sec.) and the amended act's sections by symbol (§). Labor-Management Relations Act, ch. , sec. , § 8(a)(3), 61 Stat. , (). of action for its enforcement. Two other sections of the Clayton Act delineate the rights of private parties. Section 4 of the Clayton Act 7 provides that a person may recover treble damages for injuries to his business or property by reason of a violation of the antitrust laws.' Section 16 of the Clayton Act" provides that a person may.


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Amending sections 7 and 11 of the Clayton Act by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 3 Download PDF EPUB FB2

Amending sections 7 and 11 of the Clayton Act: Hearings before Subcommittee No. 2 of the Committee on the Judiciary, House of Representatives, Eightieth Congress, first session, on H.R.

a bill to amend an act entitled "an act to supplement existing laws against unlawfull restraints and monopolies, and for other purposes", approved Octo (38 Stat.

), as. Amending sections 7 and 11 of the Clayton Act.: Hearings before Subcommittee No. 3 of the Committee on the Judiciary, House of Representatives, Eightieth Congress, first session on H.R.H.R.H.R.H.R.

bills to amend an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved.

10 Section 7 of the Clayton Act states in pertinent part that "[no corporation engaged in commerce shall acquire. 15 U.S.C. § 18 () (emphasis added).

11 There is no evidence that Congress by its use of the word "acquire," intended to. Plan No. 7 ofwhich was repealed by Pub. –, § 19, Oct. 6,Stat. and formerly set out in the Appendix to Title 5, or to Secretary of Commerce, by section of Reorg. Plan No. 7 ofset out in the Appendix to Title 5.

The Clayton Antitrust Act of (Pub.L. 63–, 38 Stat.enacted Octocodified at 15 U.S.C. §§ 12–27, 29 U.S.C. §§ 52–53), was a part of United States antitrust law with the goal of adding further substance to the U.S.

antitrust law regime; the Clayton Act sought to prevent anticompetitive practices in their incipiency. SECTION 7 OF THE CLAYTON ACT: THE PRIVATE PLAINTIFF'S REMEDIES The right of a private party, who is injured in his business or property by reason of a violation of federal antitrust law, to sue for treble damages is as old as federal antitrust law itself.

The private antitrust action was created in as part of the Sherman Antitrust Act.'. The Clayton Antitrust Act () The Clayton Antitrust Act is comprised of §§ 12, 13,20, 21, of Title Some sections have been edited or eliminated because of space concerns.

Note also that §§ 13a, 13b, and 21a comprise the "Robinson-Patman Price File Size: 41KB. To amend sections 7 and 11 of the Clayton Act: Hearings before Subcommittee no.

3 of the Committee on the Judiciary, House of Representatives, Seventy-ninth Congress, first session on. Revised Jurisdictional Thresholds for Section 8 of the Clayton Act; Revised Jurisdictional Thresholds for Section 8 of the Clayton Act.

Tags: Competition; Date: Janu Text of the Federal Register Notice for Section 8 ( KB) Related Releases. Janu (a), is act Feb. 12,ch. 40, 37 Stat.as amended, which is classified to sections 8 and 11 of this title.

The Clayton Act, referred to in subsec. (b), is act Oct. 15,ch.38 Stat.as amended, which is classified to secti 13, 14 to 19, 21, and 22 to 27 of this title, and sections 52 and 53 of Ti Labor.

SECTION 7 OF THE CLAYTON ACT ITS APPLICATION TO THE CONGLOMERATE MERGER In the year span of industrial development since the advent of the steam driven mill, perhaps the single unifying element permeating American commerce has been its continued and accelerating growth.

24%7 of the market involved.'0 In hearings on the amendment, it was pointed out that a handful of large corporations could, therefore, by a series of ac-quisitions, come to dominate an industry before the Sherman Act might plausibly be invoked."I Section 7 of the Clayton Act, prior to its amendment, was also an.

section 12 of the Clayton Act for a mor e efficient and equitable application of the antitrust laws. Part II of this Note summarizes the existing venue and personal jurisdiction requirements, and describes how the federal courts treat statutes altering these requirements. Part III recounts theFile Size: KB.

PRIVATE ACTIONS UNDER SECTION 7 OF THE CLAYTON ACT By Richard E. Day Associate Professor of Law The Ohio State University College of Law Any consideration of private actions under Section 7 of the Clay ton Act1 involves two separate, but interdependent, questions: first, whether and to what extent Sections 4 and 16 of the Clayton Act2 in.

] The Clayton Act 49 It also follows, I think, on account of sect that so far as sections of the act deal with methods of competition which may be regarded as unfair, the jurisdiction of the Trade Commission over this matter is a concurrent one, and not, as might be inferred from the Trade Commission bill, an exclusive one.

Corp.'—Section 4 of the Clayton Act 2 provides that "any person injured in his business or property" by an antitrust violation may bring an action for treble damages. Until the decision of the United States Court of Appeals for the Eighth Circuit in Reiter v.

Sonotone Corp., 3 there was a general assumption, reflected in judicial opinions. Government Enforcement Policy of Clayton Act Section 7: Carte Blanche for Conglomerate Mergers.

California Law Review, Vol. 71, Author: Joseph P. Bauer. Section 2 (a)1/ of the Clayton Act as Amended by the Robinson-Patman Act ( KB) Media Resources Our Media Resources library provides one-stop collections of materials on numerous issues in which the FTC has been actively engaged.

handed down after the amendment to section 7 of the Clayton Act, the case is based on the provisions of the act as they existed prior to 4 See H.

RaP.81st Cong., 1st Sess. 11 (), wherein the intent of Congress to include vertical mergers within the ambit of section 7 is clearly revealed. SECTION OF THE COUNTRY AS A SUBSIDIARY ISSUE IN LITIGATION BROUGHT UNDER SECTION 7 OF THE CLAYTON ACT United States v.

Pabst Brewing Co.* A careful reading of the Celler-Kefauver Amendment to Section 7 of the Clayton Act indicates the crucial importance of economic market analysis in. On Aug. 2,the 7th U.S. Circuit Court of Appeals in a unanimous decision held that when a plaintiff sues a corporate defendant in an antitrust case, it must elect to proceed under Section 12 of the Clayton Act (15 U.S.C.

§ 22) or under 28 U.S.C. § for purposes of venue and personal jurisdiction, and it cannot mix and match the two sections.InCongress amended the Clayton Act to cover the loophole concerning acquisition of assets. It also narrowed the search for relevant market; henceforth, if competition might be lessened in any line of commerce in any section of the country, the merger is unlawful.

As amended, the pertinent part of Section 7 of the Clayton Act reads as.Clayton Act. A federal law enacted in as an amendment to the Sherman Anti-Trust Act (15 U.S.C.A. § 1 et seq. []), prohibiting undue restriction of trade and commerce by designated methods.

The Clayton Act (15 U.S.C.A. § 12 et seq. []) was originally enacted to exempt unions from the scope of antitrust laws by refusing to treat human labor as a commodity or an .