Proceedings of the ... Annual House Counsel InstituteUniversity of Wisconsin, 1958 |
Términos y frases comunes
acquisition action activities agency agreement allowing American antitrust antitrust laws applied Association called cent claim Clause commerce Commission Committee compensation competition competitors concerned Congress considerations Constitution contribution corporation decision defendant Department determine discussion doctrine economic effect effort employee established example fact factor Federal field footnote foreign give hearing held holding house counsel important imposed income increase industry injury intent International interstate interstate commerce involved joint jurisdiction Justice lawyer levy license limited loss major manufacturer matters measured merger methods Michigan negligence operating opinion patent possible practice present problems question reason recent regulation result retained counsel rule Sherman Act situation statute Supreme Court taxation tion tort tortfeasor Trade United violation Wisconsin
Pasajes populares
Página 145 - No corporation shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no corporation subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of one or more corporations engaged in commerce, where in any line of commerce...
Página 40 - I have not yet adequately expressed the more than anxiety that I feel at the ever increasing scope given to the Fourteenth Amendment in cutting down what I believe to be the constitutional rights of the States. As the decisions now stand, I see hardly any limit but the sky to the invalidating of those rights if they happen to strike a majority of this Court as for any reason undesirable.
Página 145 - That no corporation engaged in commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital of another corporation engaged also in commerce where the effect of such acquisition may be to substantially lessen competition between the corporation whose stock is so acquired and the corporation making the acquisition or to restrain such commerce in any section or community or tend to create a monopoly of any line of commerce.
Página 35 - Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression...
Página 168 - That there is a national policy favoring competition cannot be maintained today without careful qualification. It is only in a blunt, undiscriminating sense that we speak of competition as an ultimate good. Certainly, even in those areas of economic activity where the play of private forces has been subjected only to the negative prohibitions of the Sherman Law, this Court has not held that competition is an absolute.
Página 187 - But courts have also recognized that to permit imitation of a patented invention which does not copy every literal detail would be to convert the protection of the patent grant into a hollow and useless thing. Such a limitation would leave room for — indeed encourage — the unscrupulous copyist to make unimportant and insubstantial changes and substitutions in the patent which, though adding nothing, would be enough to take the copied matter outside the claim, and hence outside the reach of law.
Página 152 - Acquisitions of stock or assets have a cumulative effect, and control of the market sufficient to constitute a violation of the Sherman Act may be achieved not in a single acquisition but as the result of a series of acquisitions. The bill is intended to permit intervention in such a cumulative process when the effect of an acquisition may be a significant reduction in the vigor of competition, even though this effect may not be so far reaching as to amount to a combination in restraint of trade,...
Página 145 - No corporation shall acquire, directly or Indirectly, the whole or any part of the stock or other share capital of two or more corporations engaged In commerce where the effect of such acquisition, or the use of such stock by the voting or granting of proxies or otherwise, may be to substantially lessen competition between such corporations, or any of them, whose stock or other share capital Is so acquired, or to restrain such commerce In any section or community, or tend to create a monopoly of...
Página 49 - The only items that are so clearly interstate in character that the State could not reasonably attribute their proceeds to the local business are orders sent directly to Worcester by the customer and shipped directly to the customer from Worcester. Income from those we think was not...
Página 34 - Scott case, plant themselves upon the fifth amendment, which provides that no person shall be deprived of " life, liberty, or property without due process of law;" while Senator Douglas and his peculiar adherents plant themselves upon the tenth amendment, providing that " the powers not delegated to the United States by the Constitution" " are reserved to the States respectively, or to the people.