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The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
"A concise student treatise on antitrust"--
The new Department of Justice Manual, Third Edition takes you inside all the policies and directives outlined in the latest U.S. Attorneys' Manual used universally by the DOJ in civil and criminal prosecutions. Along with comprehensive coverage of all the information relied on by today's DOJ attorneys, this guide offers you other valuable DOJ publications in the form of Annotations. You'll find the Asset Forfeiture Manual, the Freedom of Information Act Case List, and Merger Guidelines. And it's all incorporated in a comprehensive six-volume reference. You'll discover how to: Request immunity for clients using actual terminology from factors that DOJ attorneys must consider Phrase a FOIA request so as to avoid coming within an exempted category of information Draft discovery requests using terminology to avoid triggering an automatic denial by the DOJ Counsel clients on DOJ investigative tactics and their significance using actual DOJ memoranda; Develop trial strategies that exploit common problems with certain methods of proof and kinds of evidence offered by the government Propose settlements or plea-bargain agreements within the authority of the DOJ attorney handling the case. This new Third Edition of Department of Justice Manual has been expanded to eight volumes and the materials have been completely revised to accommodate newly added materials including: the text of the Code of Federal Regulations: Title 28and–Judicial Administration, as relevant to the enforcement of the Federal Sentencing Guidelines by the Department of Justice; The Manual for Complex Litigation; and The United States Sentencing Commission Guidelines Manual. The new edition also includes The National Drug Threat Assessment for Fiscal Year 2011 and the updated version of the Prosecuting Computer Crimes Manual. In an effort to provide you with the best resource possible, as part of the Third Edition, the Commentaries in each volume have been renumbered to refer to the relevant section in the United States Attorneyand’s Manual for more efficient cross referencing between the Manual and the Commentaries.
In this exciting new book, an international team of experts compare market structures, in both global and Korean contexts, particularly focusing on the impact of foreign competition on market concentration and ways to improve market structure. It thoroughly investigates core competition problems, including international abuses of dominance, mergers and collusion, and vertical restraints. Contributions move beyond explaining the laws and practices of enforcement agencies, offering readers an insight into the trend of an ever-increasing interdependence among national economies, complemented by analyses of recent developments in the US and Canada.
The cornerstone reference on antitrust issues that arise from distribution arrangements. Establish a sound manufacturer-distributor relationship in full compliance with federal and state antitrust law; understand enforcement factors and the effect of antitrust regulation on distributor behavior; handle pricing, vertical restraints, exclusivity, tying, and refusal to deal. For insightful analysis and practical guidance on the antitrust issues that arise from distribution arrangements, turn to Theodore Banks. With this unique resource you'll be able to prepare for, or even prevent, the antitrust-based disputes that all too often mar the manufacturer-distributor relationship. Distribution Law: Antitrust Principles and Practice, Third Edition shows you how to: Establish a sound manufacturer-distributor relationship in full compliance with federal and state antitrust law Understand enforcement factors and the effect of antitrust regulation on distributor behavior Handle problems arising from such areas as pricing, vertical restraints, exclusivity, tying, and refusal to deal. You will get factual analysis of virtually every significant distribution antitrust case. You will find in-depth, practical analysis of such specific issues as: lost profits, predatory pricing, market definition, antitrust damages, and judicial latitude in discovery. Note: Online subscriptions are for three-month periods. Previous Edition: Distribution Law: Antitrust Principles and Practice, Second Edition, ISBN: 9780735502680
Representing Corporate Officers and Directors and LLC Managers, Third Edition (formerly titled Representing Corporate Officers, Directors, Managers, and Trustees) is a guide to the practical aspects of corporate governance for attorneys, corporate officers and directors, LLC managers, and trustees. Following the repercussions of past corporate and accounting scandals, new legislation, rules, and standards by governmental bodies and society have greatly increased the focus on the responsibilities and liabilities of directors, officers, managers, and trustees. Increased SEC oversight, new NYSE and NASDAQ listing standards, new cybersecurity compliance guidance, new fiduciary and other duties, and new criminal penalties have all changed the landscape for those who control corporations. By logically laying out the steps to safe corporate governance, the analysis, cases, tables, and checklists guide the veteran and neophyte alike. Representing Corporate Officers and Directors and LLC Managers tells you what to look for...what to look out for...and what steps to take to protect your corporate clients in today's harsh regulatory environment. It's the only up-to-date work of its kind to offer both in-depth analysis and practical guidance on key aspects of this critically important area. This updated Third Edition thoroughly covers: Directors' duties of care and loyalty-- including the different standards which have been imposed on directors regarding the duty of care...the duty of loyalty...the business judgment rule... when directors are entitled to rely on the advice of others...improperly influencing audits under the Sarbanes-Oxley Act... improper distributions...and more. Conflicts of interest--with examples of conflict of interest transactions, and discussion of loans to or by directors and officers...secret profits...and the duty to safeguard confidential or inside information-- plus, how certain transactions considered improper can be ratified and thus become legitimate. Federal securities laws--including everything from overviews of the laws, the SEC, and securities themselves-- to jurisdiction, pleading, remedies, and defenses in securities cases... criminal penalties...and attorneys' responsibilities regarding liability under Sarbanes-Oxley. Indemnification and insurance-- with discussion of mandatory and permissive indemnification and the scope of indemnification in various states... when a director may be indemnified even if not wholly successful in defense of an action...directors' and officers' liability insurance...types and extent of insurance coverage...tax law treatment...and exclusions. Tender offers--including antitakeover measures, two-tier and squeeze-out mergers, and golden parachute agreements, poison pill plans, and greenmail...potential liability in tender offers...and implementing mergers and acquisitions, with securities law, antitrust, tax, accounting, and labor law considerations.