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Antitrust Law Key Concepts

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Sherman Act

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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.

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Clayton Act

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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.

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Antitrust Exemptions

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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.

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Robinson-Patman Act

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An amendment to the Clayton Act intended to prohibit anticompetitive practices by producers, specifically price discrimination among different purchasers if it affects competition.

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Monopolization

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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.

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Price Fixing

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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.

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Predatory Pricing

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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.

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Federal Trade Commission Act

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Established the Federal Trade Commission which administers antitrust and consumer protection legislation in pursuit of free and fair competition.

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Market Division

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An anticompetitive practice where competing firms divide markets among themselves, either by geographical area or type of product/service, limiting competition.

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Exclusive Dealing

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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.

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Tying Arrangement

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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.

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Vertical Restraints

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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.

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Herfindahl-Hirschman Index (HHI)

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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.

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Resale Price Maintenance (RPM)

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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.

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Horizontal Restraints

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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.

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Concerted Practices

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Refers to the coordination between firms without explicit agreement which is often subject to antitrust regulation because it can lead to anticompetitive outcomes.

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Per Se Rule

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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.

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Market Power

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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.

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Rule of Reason

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The antitrust doctrine under which a trade practice violates the Sherman Act only if the practice has an unreasonable restraint on competition.

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Innovation Market Theory

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Within antitrust law, concerns that mergers and acquisitions could reduce the incentive to innovate, particularly in high-tech or rapidly changing markets.

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Essential Facility Doctrine

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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.

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Merger Guidelines

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Issued by the FTC and DOJ, these guidelines assess whether proposed mergers and acquisitions would lead to excessive market concentration and reduce competition.

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Non-compete Agreements

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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.

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Vertical Merger

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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.

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Group Boycotts

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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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