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Antitrust Law Key Concepts
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Sherman Act
A fundamental antitrust law in the United States that prohibits monopolies and any agreements that restrict interstate commerce. It has been instrumental in maintaining a competitive market.
Clayton Act
This Act addresses specific practices that the Sherman Act does not clearly prohibit, such as discriminatory services, pricing, and mergers that may lessen competition or create a monopoly.
Antitrust Exemptions
Certain sectors and activities are exempt from antitrust laws due to federal regulatory schemes or state action immunity, like insurance, baseball, and certain exported goods.
Robinson-Patman Act
An amendment to the Clayton Act intended to prohibit anticompetitive practices by producers, specifically price discrimination among different purchasers if it affects competition.
Monopolization
The process by which a company gains the ability to dictate market prices and eliminate competition. It is generally considered illegal when achieved through improper conduct.
Price Fixing
An agreement between business competitors to sell the same product or service at a set price. It restricts competition and is illegal under antitrust laws.
Predatory Pricing
Selling products or services at a very low price with the intent of driving competitors out of the market, after which prices are raised to a much higher level.
Federal Trade Commission Act
Established the Federal Trade Commission which administers antitrust and consumer protection legislation in pursuit of free and fair competition.
Market Division
An anticompetitive practice where competing firms divide markets among themselves, either by geographical area or type of product/service, limiting competition.
Exclusive Dealing
A situation where a retailer or wholesaler is 'tied' by a supplier to purchase exclusively from them, rather than from competitors, which may run afoul of antitrust laws.
Tying Arrangement
A sale condition imposed by a seller to force the buyer to purchase an additional product that the buyer neither wants nor needs, potentially violating antitrust laws.
Vertical Restraints
Agreements between firms at different levels of the supply chain, such as between manufacturers and retailers. These can include resale price maintenance or exclusive dealing.
Herfindahl-Hirschman Index (HHI)
A measure of market concentration used to determine the potential for anticompetitive behavior. Calculated as the sum of the squares of the market shares of all participants.
Resale Price Maintenance (RPM)
Occurs when manufacturers and distributors agree on the minimum prices at which a product may be resold. It can have anticompetitive effects, though not always deemed illegal.
Horizontal Restraints
Any agreement that restricts competition between rival firms competing in the same market, such as price fixing or market division. These are typically illegal per se.
Concerted Practices
Refers to the coordination between firms without explicit agreement which is often subject to antitrust regulation because it can lead to anticompetitive outcomes.
Per Se Rule
Certain business practices are considered so harmful to competition that they are illegal per se, without any need to study their actual impact on the market.
Market Power
The ability of a firm or group of firms to raise and maintain price above the level that would prevail under competition, often a key consideration in antitrust cases.
Rule of Reason
The antitrust doctrine under which a trade practice violates the Sherman Act only if the practice has an unreasonable restraint on competition.
Innovation Market Theory
Within antitrust law, concerns that mergers and acquisitions could reduce the incentive to innovate, particularly in high-tech or rapidly changing markets.
Essential Facility Doctrine
A legal theory that requires owners of a facility deemed essential for competition to provide access to it on fair terms. Failure to do so can result in antitrust liability.
Merger Guidelines
Issued by the FTC and DOJ, these guidelines assess whether proposed mergers and acquisitions would lead to excessive market concentration and reduce competition.
Non-compete Agreements
Contracts where one party agrees not to enter into or start a similar profession in competition against another party. While sometimes necessary, they can be scrutinized under antitrust law if they are overly broad or long.
Vertical Merger
A combination of two companies operating at different levels within an industry's supply chain, which can lead to increased efficiency but sometimes diminish competition.
Group Boycotts
When two or more businesses conspire to prevent a business from competing in the market, this constitutes a group boycott, or 'concerted refusal to deal', which is often illegal per se.
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