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Antitrust and Competition Law
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Sherman Antitrust Act
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.
Vertical Restraints
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.
Tying Arrangement
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.
Market Division or Allocation
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.
Predatory Pricing
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.
Essential Facilities Doctrine
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.
Concentration Ratios
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.
Hart-Scott-Rodino Antitrust Improvements Act
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.
Rule of Reason
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.
Robinson-Patman Act
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.
Celler-Kefauver Act
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.
Price Discrimination
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.
Horizontal Merger Guidelines
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.
Per Se Illegality
Certain anticompetitive behaviors are deemed illegal without necessity for further detailed analysis. Example: Price fixing among competitors is generally considered illegal per se.
Federal Trade Commission Act
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.
Monopolization
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.
Clayton Antitrust Act
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.
Tunney Act
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.
Exclusive Dealing
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.
Merger Control
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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