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Antitrust and Competition Law

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Sherman Antitrust Act

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Prohibits business activities deemed anticompetitive, aiming to protect consumers and ensure a competitive market. Example: US v. Microsoft (2001), where Microsoft was found to have a monopoly in the PC operating systems market.

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Vertical Restraints

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Restrictions imposed by a firm at one level of the market on a firm at another level regarding conditions under which goods can be sold. Example: Exclusive supply agreements where manufacturers restrict retailers from selling competitors’ products.

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Tying Arrangement

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The sale of a product on the condition that the buyer also purchases a different, or tied, product. Example: Eastman Kodak v. Image Technical Services involved a tying arrangement of Kodak photocopiers and Kodak parts and services.

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Market Division or Allocation

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Competitors agree to not compete with each other in specific markets by dividing territories, customers, or products. Example: Apple and Google were once accused of agreeing to not hire each other's employees, effectively dividing the labor market.

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Predatory Pricing

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Selling a product below cost to drive competitors out of the market and then raising prices to recoup losses. Example: Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. is a landmark case addressing the issue of predatory pricing.

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Essential Facilities Doctrine

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Requires owners of essential facilities, which cannot feasibly be duplicated, to provide access to competitors. Example: In MCI Communications Corp. v. AT&T, MCI was granted access to AT&T's essential communications network.

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Concentration Ratios

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Measures of the total output produced in an industry by a given number of firms. Agencies use it to assess the level of competition within a market. Example: A market where the top four firms control 80% of the market is considered highly concentrated.

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Hart-Scott-Rodino Antitrust Improvements Act

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Requires companies to file premerger notifications and observe waiting periods to allow for government review of large mergers and acquisitions. Example: The act’s waiting period allowed the FTC and DOJ to review and challenge Facebook's acquisition of Instagram.

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Rule of Reason

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Standard developed by the Supreme Court to evaluate the legality of certain practices based on circumstances and their actual effects on competition. Example: NFL v. North American Soccer League, where the NFL's exclusive broadcasting practices were evaluated under this rule.

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Robinson-Patman Act

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Targets anti-competitive practices like price discrimination and ensures sellers offer the same price terms to buyers. Example: FTC v. Morton Salt, where the company was found in violation of the act for offering different prices to large and small buyers.

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Celler-Kefauver Act

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Amended the Clayton Act to cover asset purchases and other acquisitions that may lead to decreased competition. Example: The law has been applied to block acquisitions that would reduce market competition, even if no physical goods change hands.

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Price Discrimination

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Charging different prices to different buyers for commodities of like grade and quality, potentially harmful to competition. Example: The Robinson-Patman Act addresses this issue directly in cases like FTC v. Anheuser-Busch, where the company was found guilty of unfairly discriminating between wholesalers.

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Horizontal Merger Guidelines

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Provide guidance on how the Federal Trade Commission and Department of Justice evaluate the likelihood that horizontal mergers will harm competition. Example: The proposed merger between T-Mobile and Sprint was reviewed under these guidelines.

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Per Se Illegality

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Certain anticompetitive behaviors are deemed illegal without necessity for further detailed analysis. Example: Price fixing among competitors is generally considered illegal per se.

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Federal Trade Commission Act

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Establishes the Federal Trade Commission and bans 'unfair methods of competition' and 'unfair or deceptive acts or practices.’ Example: FTC's challenge of the Staples-Office Depot merger on the grounds that it would harm competition.

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Monopolization

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The act of acquiring or maintaining monopoly power through improper means, and being unwilling to allow fair competition. Example: United States v. American Tobacco Co. resulted in the breakup of the company due to its monopolistic practices.

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Clayton Antitrust Act

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Strengthens the Sherman Act by prohibiting specific types of anticompetitive conduct and mergers. Example: The act has been used to challenge anti-competitive mergers that may substantially lessen competition.

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Tunney Act

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Requires judicial review of proposed consent decrees in antitrust cases to ensure they are in the public interest. Example: The AT&T and T-Mobile merger proposal was scrutinized under the Tunney Act.

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Exclusive Dealing

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Occurs when a retailer or wholesaler is 'exclusively' tied to a supplier, and is restricted from buying or selling a competitor's products. Example: FTC v. Qualcomm involved claims that Qualcomm’s licensing practices were a form of exclusive dealing damaging to competition.

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Merger Control

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A legal review process that ensures mergers and acquisitions do not harm competition within the market. Example: The European Union's investigation and conditional approval of the merger between Bayer and Monsanto.

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