Book Reviews

AuthorCarl H. Fulda
Published date01 December 1974
Date01 December 1974
DOI10.1177/0003603X7401900415
Subject MatterArticle
BOOK REVIEWS 893
Wilbur L. Fugate, Foreign Commerce and the Antitrust Laws,
Boston and Toronto: Little, Brown and Co. (2d ed. 1973),
491 pp.,
$35.00.
It
is most
pleasant
to
report
that
Mr.
Fugate's
excellent
book, first published in 1958, has now
appeared
in a second
and
enlarged edition which not only continues
but
considerably
improves the original edition. There is
not
only a complete
up-dating of the many developments which have occurred
since the book was first published,
but
there is also a more
sophisticated approach which is characterized by introductory
sections discussing the background
and
philosophy of the anti-
trust
laws, with
particular
reference to
their
application
for
foreign commerce,
and
an
enlarged
and
much improved dis-
cussion of the Webb-Pomerene Act which explains in detail
the various proposals either to repeal this
Act
or to amend
it
by instituting aclearance procedure
that
would do away
with the automatic exemption heretofore available.
In
addi-
tion,
there
are
some excellent chapters on
antitrust
provi-
sions in regulatory statutes as well
as
in the legislation re-
lating
"to
the so-called antidumping laws which
are
adminis-
tered
jointly by the
Treasury
Department and the
Tariff
Commission. The antidumping laws have, during the
last
few years, encountered aphenomenal activity on the
part
of the
Treasury
with sometimes controversial results
that
provoked protests by the
Antitrust
Division. These laws may
be likened to an international Robinson-Patman Act which
outlaws price discrimination in foreign commerce,
but
the
ordinary
Robinson-Patman defenses
are
not
available
under
these laws, which makes them more protectionist
than
the
Robinson-Patman Act itself. Finally, there is a
brand
new
chapter
on foreign
antitrust
laws with
particular
emphasis
on the laws of the
European
Common Market
and
some of the
more
important
other jurisdictions.
In
short, the new edition gives to the
reader
an unsur-
passed working tool
in
the entire
important
field, which is
reported
in all its aspects with painstaking care
and
thor-
oughness.

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