Using Dagher to Refine the Analysis of Mergers and Joint Ventures
نویسنده
چکیده
The recent decision in Texaco v. Dagher illustrates problems with the contemporary strategy employed by plaintiffs’ attorneys of narrowly framing antitrust claims to assert “per se” illegality without any explanation of what makes the specific conduct anticompetitive. Although this strategy is understandable given the Supreme Court’s hostility towards competition as a public policy goal, the result of this process is harm to the fundamental public interest in having workably competitive markets. This is particularly true in the case of petroleum where there have been a number of consolidations. In addition, the major firms in the industry have a tradition of entering into joint ventures and other cooperative agreements. Others have told and retold the history of anticompetitive activities by the major oil and gas companies starting with the infamous Standard Oil of New Jersey v. United States.
منابع مشابه
Using Dagher to Refine the Analysis of Mergers and Joint Ventures in Petroleum Industries and beyond
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