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ERIC Number: ED092003
Record Type: Non-Journal
Publication Date: 1972-Sep
Pages: 33
Abstractor: N/A
Reference Count: N/A
Antitrust and the Control of Higher Education.
Hartman, Greg
This report presents the basic components of a "prima facie" antitrust case against the Oregon State System of Higher Education. It deals with the constitutional issues raised as well as showing that higher education is interstate commerce within the meaning of the antitrust laws. The report analyzes the state exemption to antitrust laws and concludes that recent decisions have limited this exemption to such an extent that the State System would be held to be within the scope of the antitrust laws. Under the Sherman Act the most difficult parts of the prima facie case are proof of conspiracy and market definition. In a Clayton Act prosecution the most difficult task is to show that higher education is a commodity and that the State Board of Higher Education is a person, although showing the substantive acts of tying and price discrimination is easy. The Federal Trade Commission Act is the most promising for attacking the present State System because the act is supposed to deal with cases where substantive actions are clear but technicalities prevent prosecution under other acts. Research indicates that although an antitrust suit against the State System would certainly be called a long shot, it is indeed feasible and has a firm foundation in case law. (Author/MJM)
Publication Type: Books
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Western Interstate Commission for Higher Education, Boulder, CO. Resources Development Internship Program.
Identifiers - Location: Oregon