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Competition Law

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Cartels

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Cartels are groups of independent companies that coordinate to act as a monopoly by fixing prices or outputs, which is illegal under antitrust laws.

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Abuse of Dominance

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Abuse of dominance occurs when a dominant firm conducts practices that prevent or lessen competition unfairly, which is prohibited under competition laws.

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Federal Trade Commission Act (1914)

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The Federal Trade Commission Act established the FTC to enforce antitrust laws and prevent unfair competition practices, serving as a comprehensive charter of consumers' rights.

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Monopoly

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Monopolies refer to the dominance of a single company in a particular market, which can lead to market manipulation and disadvantage to consumers. Antitrust laws aim to prevent such dominance when it harms competition.

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Clayton Act (1914)

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The Clayton Act amends and adds to U.S. antitrust law by addressing specific practices that the Sherman Act does not cover, such as price discrimination, exclusive dealing agreements, and mergers and acquisitions.

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Oligopoly

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An oligopoly exists when a market is controlled by a few firms, often leading to collusion to control prices or market share, which antitrust laws aim to prevent.

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Sherman Act (1890)

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The Sherman Act is a foundational United States antitrust law that prohibits monopolistic practices and unlawful restraints, aiding to maintain a competitive environment in the market.

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Market Power

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Market power refers to the ability of a firm or group of firms to control prices or exclude competition, which can be detrimental to consumers and is typically regulated by antitrust laws.

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Tying Arrangements

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Tying arrangements force consumers to buy a secondary product when purchasing a primary product. They can limit competition and choice, hence they are often regulated under antitrust laws.

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Exclusive Dealing

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Exclusive dealing arrangements restrict sellers or buyers to engage exclusively with a particular partner, which can be deemed anti-competitive when they substantially lessen competition.

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Merger Control

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Merger control is a regulatory process to review and approve or disapprove mergers and acquisitions based on their potential effects on market competition.

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Price Fixing

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Price fixing is when competing companies conspire to set prices at a certain level, rather than letting competition in the market place dictate pricing, which is typically illegal under antitrust laws.

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Predatory Pricing

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Predatory pricing involves setting prices very low to drive competitors out of the market, after which prices may be raised. It is considered an antitrust violation due to its anti-competitive nature.

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Market Concentration

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Market concentration measures the degree to which a small number of firms control a large market share, which is used to assess the risk of anti-competitive conduct.

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Rule of Reason

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The rule of reason is a legal doctrine that analyzes the intent and competitive effects of certain practices to determine if they are anticompetitive under antitrust laws.

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Market Definition

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Market definition involves delineating the boundaries of a market to assess the competition dynamics and the extent of a firm's market power for antitrust analysis.

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Natural Monopoly

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A natural monopoly occurs when a single firm can supply a product or service at a lower cost than any potential competitor, and is sometimes regulated to prevent abuse of market power.

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Per Se Illegality

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Per se illegality refers to certain antitrust violations that are considered illegal without need for further analysis, such as horizontal price fixing and market division.

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Robinson-Patman Act

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The Robinson-Patman Act targets anti-competitive practices by making it illegal to engage in price discrimination that harms competition or consumer welfare.

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Competition Advocacy

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Competition advocacy involves the promotion of a competitive environment by influencing government policies and regulations, ensuring that markets function effectively.

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Antitrust Exemptions

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Certain actions and sectors are given exemptions from antitrust laws, such as professional baseball, insurance, and some export activities, due to specific legislation or policy reasons.

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Interlocking Directorates

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Interlocking directorates involve the same individuals serving on the board of directors of competing companies, which can be prohibited if it reduces competition under Section 8 of the Clayton Act.

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Predatory Acquisition

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Predatory acquisition involves buying up potential competitors, mainly to shut them down or reduce competition, which can be challenged under antitrust laws.

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Collective Dominance

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Collective dominance refers to a situation where several companies jointly hold a dominant position in the market and can be subject to antitrust laws if they act in concert to hinder competition.

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Consumer Welfare Standard

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The consumer welfare standard assesses antitrust cases based on their effects on consumers, focusing on prices, output, quality, and innovation rather than just market structure.

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Essential Facilities Doctrine

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The Essential Facilities Doctrine requires firms controlling an infrastructure that is necessary for competitors to access, to provide access on fair terms, promoting competition.

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Barriers to Entry

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Barriers to entry are factors that prevent or hinder companies from entering a market, which can include legal, regulatory, or economic obstacles, potentially causing antitrust concerns.

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Non-compete Agreements

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Non-compete agreements restrict employees from working in competing firms or starting competing businesses for a certain period after leaving a company, potentially scrutinized by antitrust laws.

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Bid Rigging

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Bid rigging is when businesses collude to pre-determine the winner of a bidding process, undermining competition and being illegal in most jurisdictions.

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Horizontal Agreements

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Horizontal agreements are made between competitors in the same industry level, and can lead to anti-competitive practices like price fixing or output limitations, attracting antitrust scrutiny.

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Vertical Integration

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Vertical integration occurs when a company expands its control over multiple levels of a supply chain, which can potentially stifle competition if it leads to market foreclosing.

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No Challenge Clauses

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No challenge clauses are agreements in patent licensing wherein the licensee agrees not to challenge the validity of the licensed patent, potentially raising antitrust concerns.

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Leniency Programs

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Leniency programs offer reduced penalties to participants in illegal antitrust activities, such as cartels, if they provide information about the cartel's operations to the enforcement authorities.

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Minimum Resale Price Maintenance

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Minimum resale price maintenance is when manufacturers set the lowest prices at which retailers can sell their products, contested in antitrust law for its potential to harm competition.

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Herfindahl-Hirschman Index (HHI)

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The Herfindahl-Hirschman Index (HHI) is a measure of market concentration and is calculated by summing the squares of all firms' market share percentages, used in antitrust assessments.

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Maximum Resale Price Maintenance

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Maximum resale price maintenance is when manufacturers set the highest price at which a product can be sold by retailers, which can sometimes be used to promote competition.

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