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" [application of the rigid 'no less restrictive alternative' test . . . would place an undue burden on the ordinary conduct of business. Entrepreneurs . . . would then be made guarantors that the imaginations of lawyers could not conjure up some method... "
Patent Licensing Reform Act of 1988: Hearing Before the Subcommittee on ... - Side 113
av United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1989 - 406 sider
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Aviation Regulatory Reform: Hearings Before the Subcommittee on Aviation of ...

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Aviation - 1978 - 754 sider
...place aii tindue burden on the ordinary conduct of business. Entrepreneurs • * • would then be made guarantors that the imaginations of lawyers could...method of achieving the business purpose in question which would result in & somewhat lesser restriction of trade. And courts would be placed in the position...
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Federal Trade Commission Decisions, Volum 91

United States. Federal Trade Commission - 1978 - 1246 sider
...Circuit highlighted the problems inherent in such a standard: [12] Entrepreneurs . . . would then be made guarantors that the imaginations of lawyers could...method of achieving the business purpose in question which would result in a somewhat lesser restriction of trade. And courts would be secondguessing business...
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Aviation Regulatory Reform: Hearings Before the Subcommittee on Aviation of ...

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Aviation - 1978 - 752 sider
...imaginations of lawyers could not conjure up some method of achieving the business purpose in question which would result in a somewhat lesser restriction of trade. And courts would he placed in the position of second-guessing business judgments as to what arrangements would or would...
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Vertical Restrictions Upon Buyers Limiting Purchases of Goods from Others

Lynn H. Pasahow - 1982 - 116 sider
...place an undue burden on the ordinary conduct ot business. Entrepreneurs such as HI would then be made guarantors that the imaginations of lawyers could..."adequate" protection for legitimate commercial interests. In Dehydrating Process Co. v. AO Smith Corp., 292 F.2d 653 (1st Cir.), cert, denied, 368 US 931 (1961),...
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Antitrust Policy and Professional Sports: Oversight Hearings Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law - 1984 - 686 sider
...noted that under the "no less restrictive alternative" test "Entrepreneurs * * * would then be made guarantors that the imaginations of lawyers could...'adequate' protection for legitimate commercial interests." (521 F.2d at 1249-50.) As recently as January 27 of this year, however, the Second Circuit Court of...
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Intellectual Property Antitrust Protection Act of 1987: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Technology and the Law - 1989 - 380 sider
...would place an undue burden on the ordinary conduct of business. Entrepreneurs . . . would then be made guarantors that the imaginations of lawyers could...provide "adequate" protection for legitimate commercial interests.17* 639. 642 (7lh (.'it 1935) (CM sold parts to dealers who installed them in GM cars) with...
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Production Joint Ventures Antitrust Legislation: Hearings Before ..., Volum 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Economic and Commercial Law - 1991 - 632 sider
...would place an undue burden on the ordinary conduct of business. Entrepreneurs . . . would then be made guarantors that the imaginations of lawyers could...'adequate' protection for legitimate commercial interests." Id. See also 1 M. HANDLER, TWENTY-FIVE YEARS OF ANTITRUST 707 (1973) ("[TJhere will almost always be...
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The Federal Antitrust Guidelines for the Licensing of Intellectual Property ...

2002 - 158 sider
...burden on the ordinary conduct of business. Entrepreneurs such as [Holiday Inn] would then be made guarantors that the imaginations of lawyers could...purpose in question that would result in a somewhat particular case") (quoting Dr. Miles Medical Co. v. Park & Sons Co., 220 US 373,406 (1911)). 220 INTELLECTUAL...
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Mergers and Acquisitions: Understanding the Antitrust Issues

American Bar Association. Section of Antitrust Law - 2004 - 898 sider
...alternative test in a rule of reason analysis in the franchise context as requiring "[entrepreneurs [to be] guarantors that the imaginations of lawyers could...result in a somewhat lesser restriction of trade"); Anderson v. American Auto. Assoc., 454 F.2d 1240, 1246 (9th Cir. 1972) ("To sustain the restraint,...
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Joint Ventures: Antitrust Analysis of Collaborations Among Competitors

2006 - 156 sider
...alternative test in a rule of reason analysis in the franchise context as requiring "[e]ntrepreneurs [to be] guarantors that the imaginations of lawyers could...result in a somewhat lesser restriction of trade"); Anderson v. American Auto. Assoc., 454 F.2d 1240, 1246 (9th Cir. 1972) ("To sustain the restraint,...
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