PLU-BUSA303-09-Chapter+22 - Chapter 22 Antitrust Law and...

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South-Western Federal Taxation 2020: Corporations, Partnerships, Estates and Trusts
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Chapter 10 / Exercise 13
South-Western Federal Taxation 2020: Corporations, Partnerships, Estates and Trusts
Raabe/Young/Nellen/Hoffman
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Antitrust Law and Promoting CompetitionChapter 22BUSA303, Business Law and Ethics1
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South-Western Federal Taxation 2020: Corporations, Partnerships, Estates and Trusts
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Chapter 10 / Exercise 13
South-Western Federal Taxation 2020: Corporations, Partnerships, Estates and Trusts
Raabe/Young/Nellen/Hoffman
Expert Verified
Anti-TrustWhat is anti-trust?Why do we need anti-trust laws?Have anti-trust laws worked?Is competition fair?BUSA303: Business Law and Ethics2
The Sherman ActSection 21-1, pp. 608-609BUSA303, Business Law and Ethics3
The Sherman Act1. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal [and is a felony punishable by a fine and/or imprisonment].Requires two or more persons.2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony [and is similarly punishable].Unilateral conduct is sufficientBUSA303, Business Law and Ethics4
Section 1 of the Sherman ActSection 22-2, pp. 610-614BUSA303, Business Law and Ethics5
Per Se Violations and the Rule of ReasonA per seviolation is a violation on the face.The rule of reason is applied in other cases and the courts analyze the actual restraint of trade.Purpose of agreementAbility to implementEffect or potential effect on competitionWere less restrictive means availableBUSA303, Business Law and Ethics6
Horizontal RestraintsWhat is a horizontal restraint?Per seviolations:Price FixingGroup Boycotts (sometimes)Horizontal Market DivisionRule of ReasonTrade AssociationsBUSA303, Business Law and Ethics7
Vertical RestraintsWhat is a vertical restraint and how does it differ from a horizontal restraint?Per SeviolationsRule of ReasonTerritorial or Customer RestrictionsResale Price Maintenance Agreements (Used to be per se)BUSA303, Business Law and Ethics8
Section 2 of the Sherman ActSection 22-3, pp. 614-619BUSA303, Business Law and Ethics9

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