Thursday, December 31, 2015

Rogers on William O. Douglas, India and Antitrust History

C. Paul Rogers III, Southern Methodist University Dedman School of Law, has posted two items from his  backlist.  The first is The Antitrust Legacy of Justice William O. Douglas, which appeared in Cleveland State Law Review 56 (2008): 895:
The article attempts to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that philosophy's effect on the Supreme Court during his tenure and its contemporary impact in the context of the rapidly shifting antitrust doctrine of the last thirty years or so.
The second is A Concise History of Corporate Mergers and the Antitrust Laws in the United States, which appeared in the National Law School of India Review 24 (2013):    
American merger control law today is governed primarily by regulators and not courts, focusing on consumer welfare and efficiency. This was not always the case though, and the author traces the development of this area of law from its nascent beginnings with the Sherman Act to the era of private enforcement witnessed today.  As the Indian economy continues to expand, mergers and acquisitions have become frequent bringing with them difficult questions of anti-competitive behaviour. A study of the American experience, it is argued, would provide valuable insight in enforcing the rather untested anti-merger provisions in the Competition Act of India.

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