NCJ Number
35353
Date Published
1975
Length
25 pages
Annotation
THIS REPORT ANALYZES THE ORIGIN AND RATIONALE OF LEGAL DOCTRINES DESIGNED TO RECONCILE POTENTIALLY ANTI-COMPETITIVE REGULATIONS AND THE ANTI-TRUST LAWS.
Abstract
IT ALSO DISCUSSES GOVERNMENTAL ACTIVITY INTENDED TO REVIEW REGULATORY SCHEMES IN LIGHT OF THE ANTI-TRUST LAWS AND, WHEN APPROPRIATE, TO BRING REGULATION INLINE WITH THOSE LAWS. EMPHASIZED IS STATE REGULATION AND THE ROLE OF THE ATTORNEY GENERAL IN HARMONIZING IT WITH THE ANTI-TRUST LAWS. AN OUTLINE OF THE CASE HISTORY OF THE STATE REGULATION DEFENSE IS INCLUDED, ALONG WITH A DISCUSSION OF THE DOCTRINE OF PRIMARY JURISDICTION (WHETHER A COURT OUGHT TO BE BROUGHT INTO THE REGULATORY PROCESS, AND IF SO, AT WHAT STAGE AND IN WHAT CAPACITY).