An Analysis of the Variables Influencing the Outcomes of Federal Court Cases Involving Antitrust Action Against Accountancy and Other Professions Brought Under the Sherman Act Page: 4
The following text was automatically extracted from the image on this page using optical character recognition software:
that even though the courts consider whether or not a profes-
sion is "learned," they do not appear to have accepted the
argument that a "learned" profession is exempt from antitrust
action. Similarly, the courts have not taken a definitive
stand on the argument that state or local regulation of a
profession preempts federal antitrust jurisdiction.
The statistical analysis showed that the nineteen
variables used in this study appear to have a linear rela-
tionship with the outcomes of the court cases. Of all the
defenses tested, the argument that the defendent's activity
is local had the greatest effect on the outcomes of the
court cases. The learned profession defense and state-action
defense appear to have virtually no effect on the outcomes of
the court cases. The classification of the profession as
"learned" appears to be important in explaining the variation
in the outcomes of court cases.
Since the current regulatory environment is one of
broader enforcement, greater fines, and more in-depth investi-
gations of businesses, the defense that the practice is local
may become less effective. As the market structure changes,
what was once thought to be a local practice may have inter-
state commerce ramifications. For accounting firms operating
in more than one state, none of the traditional defenses may
be useful. The evidence appears to show that the learned
profession defense and the state-action defense are generally
Here’s what’s next.
This dissertation can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Dissertation.
Cunningham, Billie M. An Analysis of the Variables Influencing the Outcomes of Federal Court Cases Involving Antitrust Action Against Accountancy and Other Professions Brought Under the Sherman Act, dissertation, December 1980; Denton, Texas. (https://digital.library.unt.edu/ark:/67531/metadc331982/m1/4/: accessed November 15, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; .