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Understanding Antitrust Laws

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Sherman Antitrust Act

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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.

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Clayton Antitrust Act

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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.

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Federal Trade Commission Act

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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.

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Monopolies

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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.

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Oligopolies

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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.

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Price Fixing

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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.

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Market Allocation

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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.

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Bid Rigging

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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.

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Tying Arrangement

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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.

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Exclusive Dealing

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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.

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Predatory Pricing

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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.

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Abuse of Dominant Position

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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.

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Horizontal Merger

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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.

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Vertical Merger

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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.

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Robinson-Patman Act

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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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