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Understanding Antitrust Laws
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Sherman Antitrust Act
Passed in 1890, it prohibits certain business activities that reduce competition in the marketplace, like cartels and monopolistic practices. Example: The United States v. Microsoft Corp. case in which Microsoft was accused of holding a monopoly and engaging in anticompetitive practices.
Clayton Antitrust Act
Enacted in 1914, it provides further clarification and substance to the Sherman Antitrust Act, addressing specific practices such as price discrimination, exclusive dealings, and mergers and acquisitions. Example: The FTC's challenge to the Staples-Office Depot merger based on concerns about reduced competition in the office supply market.
Federal Trade Commission Act
Established the Federal Trade Commission (FTC) in 1914, which administrates antitrust laws and protects consumers from anticompetitive practices. Example: FTC's action against Qualcomm for anticompetitive patent licensing practices.
Monopolies
A situation where a single company or group owns all or nearly all of the market for a given type of product or service. Example: Standard Oil's historic monopoly over the oil industry, which was broken up in 1911.
Oligopolies
A market structure in which a market or industry is dominated by a small number of sellers (oligopolists). Though not illegal, they can lead to or be a result of anticompetitive practices if the firms engage in coordinated practices. Example: The U.S. wireless carrier market with major players such as Verizon, AT&T, Sprint and T-Mobile.
Price Fixing
An agreement among competitors to raise, fix, or otherwise maintain the price at which their goods or services are sold, not based on the free market competition but on cooperation. Example: The global LCD cartel case involving companies like LG Display, Chunghwa Picture Tubes, and others agreeing to fix prices for LCD panels.
Market Allocation
Agreements in which competitors divide markets among themselves, either by geographical area, type of customer, or other distinguishing factors. Such practices are illegal under antitrust laws. Example: The break-up of AT&T in 1982 which led to the regional Bell operating companies, preventing a monopoly in telephone service.
Bid Rigging
A form of fraud in which a commercial contract is promised to one party even though for the sake of appearance several other parties also present a bid to win the contract. Example: The prosecution of electrical equipment manufacturers in the 1960s for bid rigging on equipment sales.
Tying Arrangement
The anticompetitive practice of a supplier requiring that a buyer purchase another one of the supplier's products as a condition of buying a desired product. Example: The case of Eastman Kodak Co. v. Image Technical Services, Inc., where Kodak was accused of tying the sale of replacement parts for their equipment to their maintenance services.
Exclusive Dealing
A situation where a retailer or wholesaler is 'tied' by a supplier to only purchase from them, and not alternative suppliers. Example: The FTC's case against Microsoft for its exclusive dealing contracts with PC manufacturers that deterred them from using or promoting competing software.
Predatory Pricing
The practice of selling a product or service at a very low price with the intent of driving competitors out of the market, or to create a barrier to entry for new competitors. Example: The case against American Airlines for driving out competition by drastically lowering prices on certain routes.
Abuse of Dominant Position
Occurs when a firm with a dominant position in a market engages in practices that restrict competition, such as exclusive dealing, refusal to deal, and predatory pricing. Example: The European Commission's fine against Google for abusing its dominant position in the market for online search advertising.
Horizontal Merger
A merger occurring between companies in the same industry, often leading to consolidation and possibly reducing competition. Example: The merger of Sprint and T-Mobile which reduced the number of major U.S. wireless carriers, underwent a rigorous antitrust review.
Vertical Merger
A merger between companies operating at different levels in the same industry's supply chain. Example: The acquisition of Time Warner by AT&T, a content producer and its distributor, that was challenged on the grounds it might limit competition.
Robinson-Patman Act
An amendment to the Clayton Act that prohibits anticompetitive practices by producers, specifically price discrimination. Example: This act was used in FTC v. Morton Salt Co., enforcing that discounts must be available to all buyers on the same terms.
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