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Author: Janice E. Rubin
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 6
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Book Description
Author: Janice E. Rubin
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 6
Get Book Here
Book Description
Author: Janice E. Rubin
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 12
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Book Description
In Credit Suisse Securities v. Billing, the Supreme Court examined whether entites in a heavily regulated industry are necessarily entitled to immunity from prosecution under the federal antitrust laws simply by virtue of their regulated status. The Court had previously ruled that, absent a specific congressional mandate, such immunity may be granted only by findings either of "clear repugnance" between the regulatory scheme and enforcement of the antitrust laws, or sufficiently pervasive regulation of an industry as would be disrupted by application of the antitrust laws; the Credit Suisse opinion reaffirms that reasoning. A class of securites investors alleged that they had paid artificially inflated prices for certain securities because of purportedly antitrust-violative actions taken by the underwriters of some initial public offerings (IPOs). The challenged practices included the formation of syndicates; requiring purchasers of IPOs to make future purchases ("laddering"); and requiring purchasers to buy other, less desirable securities ("tying"). In response, defendants/appellants asserted that they were immune to prosecution under the antitrust laws because of the pervasive regulation of the securities industry by the Securities and Exchange Commission (SEC), which administers a comprehensive system of regulation including major parts of the Securities Act of 1933 and the Securities Exchange Act of 1934. The SEC, they argued, should be the sole arbiter of the validity of their actions, notwithstanding that Congress had not expressly so provided in the applicable legislation. Although the district court, which agreed with the underwriters, dismissed the case, the United States Court of Appeals for the Second Circuit reversed the court of appeals, accepting the "pervasive regulation of the securities industry" argument. Specifically, it found that the conduct at issue was "at the core of marketing new securities," noted that "securities regulators proceed with great care to distinguish the encouraged and permissible from the forbidden," and concluded, therefore, "that the securities laws are 'clearly incompatible with the application of the antitrust laws in this context." This report will not be updated.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In response, defendantsfappellants asserted that they were immune , to prosecution under the antitrust laws because of the pervasive regulation of the ' securities industry by the Securities and Exchange Con~mission (SEC), which administers acomprehensive system of regulation includingmajor parts ofthe Securities Act of 1933 and the Securities Exchange Act of 1934. [...] The Supreme Court reversed the court of appeals, accepting the "pervasive regulation of the securities industry" argument. [...] It concluded that because the purpose of the Investment Company Act was to "restrict most of secondary market trading,"" i t. had to reject the Government's too-literal reading of the applicable section of the act and find instead that the agreements in question were immune as "among the kinds of restrictions Congress contemplated when it enacted that section."" Moreover, even though the SEC had n [...] Such an agreement removes the uncertainty of an early cash infusion for the issuer and transfers the risk of selling the issue to the underwriter. [...] A syndicate often buys the entire new issue of the securities at a fixed price and then reoffers it to the public at a somewhat higher predetermined price The price difference is in effect a kind of commission for the syndicate.
Author: Erolye P. Loefton
Publisher: Nova Publishers
ISBN: 9781604565119
Category : Business & Economics
Languages : en
Pages : 270
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Book Description
This book presents an array of carefully selected current important business issues which have been carefully selected for this book.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Competition Policy, and Consumer Rights
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 184
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Book Description
Author: Phillip Areeda
Publisher: Wolters Kluwer
ISBN: 1454801158
Category : Law
Languages : en
Pages : 2140
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Book Description
The hands-on guide to antitrust issues that todayand’s courts confront most often, with guidance on developing litigation strategy, counseling clients on compliance, representing clients before regulators, and advising on mergers and acquisitions; confidently advise clients on Sherman Act compliance, Hart Scott Rodino, distribution and pricing issues, and complex commercial litigation. By Herbert Hovenkamp and Phillip E. Areeda. Now published in a single-volume with an annual update, Fundamentals of Antitrust Law, Fourth Edition provides sophisticated coverage of the topics most cited or litigated in the field. Whether you are developing litigation strategy, counseling clients on compliance, representing clients before regulators, or advising on mergers and acquisitions, Fundamentals of Antitrust Law, Fourth Edition has all the information you need, at your fingertips. Turn to this invaluable volume when: Advising clients on specific aspects to comply with the Sherman Act Developing litigation strategies Representing clients before regulators Advising clients on mergers and acquisitions Advising clients on Hart Scott Rodino Handling complex commercial litigation Handling distribution and pricing issues for clients And more Organized by issue, Fundamentals of Antitrust Law, Fourth Edition covers the full range of anticompetitive conduct, as well as procedural issues. It is keyed to the leading Areeda and& Hovenkamp treatise, Antitrust Law: An Analysis of Antitrust Principles and Their Application and includes extensive cross references, organization that follows the main work, and a thorough index that allow you to get to the information you need quickly and easily.
Author: William C. Holmes
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 1156
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Book Description
Author: Albert A. Foer
Publisher: Edward Elgar Publishing
ISBN: 0857939602
Category : Law
Languages : en
Pages : 425
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Book Description
Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.
Author:
Publisher: Government Printing Office
ISBN:
Category :
Languages : en
Pages : 1220
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Book Description
Author: James D. Cox
Publisher: Aspen Publishing
ISBN: 1543838480
Category : Law
Languages : en
Pages : 1408
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. The Tenth Edition of Securities Regulation: Cases and Materials encompasses the sea changes that have recently occurred in the securities laws and capital markets, brought about by both SEC rulemaking and shifts in underwriting practices. The casebook carries forward its long-held standard of providing students with an in-depth, sophisticated, practical look at contemporary securities law. As it has since its first edition, this volume contains a highly teachable mix of problems, cases, and textual material, encouraging students to build their knowledge base by being active problem-solvers. Always forward-thinking, stressing current developments and controversies, the book is also highly modular, so that professors can easily pick and choose how to structure their courses without being locked into any given progression. New to the Tenth Edition: Developments involving cryptocurrencies and coin offerings Commentary on market developments such as issues arising with the retailization of trading markets The SEC’s procedures for direct listings and the regulatory issues surrounding the explosion of SPACs The sweeping November 2020 reforms to the issuer transaction exemptions from registration, and the new standards for evaluating whether offerings will be integrated The Supreme Court’s most recent Goldman Sachs decision addressing fraud on the market Coverage of several developments affecting the SEC’s enforcement powers The SEC’s new rules for proxy advisory services and shareholder proposals Where the law stands today regarding the obligations of broker-dealers in the wake of Regulation Best Interest Professors and students will benefit from: The book’s highly modular organization, enabling different teaching formats and coverage Extensive use of problems that build student awareness of the fundamentals, with directions in the Teacher’s Manual on how best to teach them Concise notes that introduce the reader to both theory and real-life practice issues A book that is always up-to-date and on the cutting edge
