| Dagher redux: searching for the missing pieces. | |
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MedLine Citation:
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PMID: 17260545 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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The most relevant question for any joint venture is, when does the relationship become a jointventure and not simply a price-fixing cartel? With respect to this question, this Article juxtaposes Texaco, Inc. v. Dagher, 126 S. Ct. 1276 (2006), against years of contrary precedent. In Dagher, the Court altered the seemingly settled foundation of antitrust law by changing its view on past holdings and abandoning the ancillary effects doctrine. The Article provides an outline of key holdings prior to Dagher, as well as a discussion of the issues that can arise as joint ventures are formed. Additionally, the authors examine how the decision altered the foundation of joint venture law in the United States. In particular, the Article exposes several important antitrust concerns relating to joint ventures that the Supreme Court did not address in Dagher. Perhaps the most perplexing issue of Dagher is whether the venture at issue would have survived analysis under the Federal Trade Commission's "continuum" approach. |
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Authors:
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William Kopit; Patricia Wagner |
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Publication Detail:
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Type: Journal Article; Legal Cases |
Journal Detail:
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Title: Journal of health law Volume: 39 ISSN: 1526-2472 ISO Abbreviation: J Health Law Publication Date: 2006 |
Date Detail:
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Created Date: 2007-01-30 Completed Date: 2007-02-21 Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 100883816 Medline TA: J Health Law Country: United States |
Other Details:
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Languages: eng Pagination: 349-72 Citation Subset: H |
Affiliation:
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Epstein Becker & Green, P.C. |
Export Citation:
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APA/MLA Format Download EndNote Download BibTex |
| MeSH Terms | |
Descriptor/Qualifier:
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Antitrust Laws Organizational Affiliation / economics, legislation & jurisprudence*, organization & administration United States |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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