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

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Antitrust Law andPromoting CompetitionChapter 22BUSA303, Business Law and Ethics1
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 orotherwise, or conspiracy, in restraint of trade orcommerce among the several States, or with foreignnations, is hereby declared to be illegal [and is afelony punishable by a fine and/or imprisonment].Requires two or more persons.2. Every person who shall monopolize, or attempt tomonopolize, or combine or conspire with any otherperson or persons, to monopolize any part of the tradeor commerce among the several States, or withforeign nations, shall be deemed guilty of a felony[and is similarly punishable].Unilateral conduct is sufficientBUSA303, Business Law and Ethics4
Section 1 of the ShermanActSection 22-2, pp. 610-614BUSA303, Business Law and Ethics5
Per SeViolations and theRule of ReasonAper seviolation is a violation onthe face.The rule of reason is applied in othercases and the courts analyze theactual 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 howdoes it differ from a horizontalrestraint?Per SeviolationsRule of ReasonTerritorial or Customer RestrictionsResale Price Maintenance Agreements(Used to beper se)BUSA303, Business Law and Ethics8
Section 2 of theSherman ActSection 22-3, pp. 614-619BUSA303, Business Law and Ethics9

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Term
Spring
Professor
DianeMacDonald
Tags
Business Law, Anti Trust Laws, Competition law, Resale price maintenance, United States antitrust law

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