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Antitrust Outline - incomplete

Antitrust Outline - incomplete - www.swapnotes.com...

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Antitrust Outline Overall Trends in Antitrust Law The Chicago School has achieved major victories in antitrust law o Since the 1970’s the Chicago view has dominated antitrust jurisprudence o Efficiency is the fundamental concern for Chicago theorists o A fundamental beneficiary of the antitrust laws, under a Chicago School approach, is the consumer o Cite Sylvania barb2right first case to endorse the economic approach square4 Say that Sylvania is a deviation from Topco (where the ct. was hesitant to ‘run through the wilds of economic theory’) BUT…it is important to remember that antitrust law is cyclical The Common Law of Antitrust Dyer’s Case (1415) o Facts: P sued on a debt…D claimed that the debt had been discharged b/c he had not, as per agreement, not practiced as a dyer for 6 months o The court said that the agreement not to work itself was against the CL o The main focus was protecting the consumer Schoolmaster’s Case (1410) o Facts: one school (D) opened in a town where another school (P) already existed…Court found for D (allowed it to continue in operation) square4 Even though the increased competition harmed P o Again, the main focus is on protecting consumers Case of Monopolies (1602) o Facts: queen granted monopoly on playing cards…court found this monopoly unlawful o We see the court explaining some of the negative effects of monopolies square4 Increased price (consumer focus), decreased quality (consumer focus), harms those previously employed in the trade (NOT consumer focus…perhaps not consistent w/ current views) o What is really going on: separation of powers issue (queen v. parliament) Mitchell v. Reynolds o Is a leading case advocating a Rule of Reason analysis o Facts: The court found that the agreement not to practice as a baker was ancillary to the lawful lease of the bakery square4 The restraint survived ROR analysis (limited in time and area) o Naked restraints barb2right per se unlawful o Ancillary restraints barb2right subject to Rule of Reason analysis The Sherman Act (1890) Was originally an attempt to codify the Common Law (arguably…legislative history is ambiguous) o HOWEVER, the CL was not always clear square4 It can be read as focusing on consumers, small businesses, or a number of other things o Prof. Bork suggests that there IS a CL focus on consumers (a Chicago view) §1 barb2right deals w/ “…contracts, combinations, or conspiracies in restraint of trade…” o requires JOINT action §2 barb2right deals w/ monopolization www.swapnotes.com
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o does NOT require joint action Early Cases U.S. v. Trans Missouri Freight (1897) o J. Peckham basically rejected any ‘reasonableness’ defense and ruled that all combinations in restraint of trade are illegal (very textualist) square4 This view is later changed by Addyston Pipe Addyston Pipe (1899) o J. Taft sets forth the ancillary restraint doctrine square4 Naked restraints on competition barb2right per se illegal square4 Ancillary restraints on trade barb2right
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