Chapter 13-Flow Chart

Chapter 13-Flow Chart - Legl 2700 Chapter 13-Flow Chart...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Legl 2700 Chapter 13-Flow Chart 04/08/09 Anti-trust Laws SHEMAN ACT 1) Restraint of Trade (Section 1) a) Price Fixing 2) Monopoly (Section 2) a) Predatory Conduct 3) Legal Analysis a) The Rule of Reason (section 1) b) Per se illegality 4) Sanctions a) Violations may be subject to criminal fines and imprisonment b) Violations may be enjoined by the courts c) Injured parties may collect triple damages d) Any property owned in violation of Section 1 that is being transported from one state to another is subject to a seizure by and forfeiture to the U.S. 5) Exemptions a) State Action exemption (Parker v. Brown Doctrine) b) Noerr-Pennington Doctrine TYPICAL CASES HEARD WITH POTENTIONAL VIOLATIONS OF THE SHERMAN ACT 1) Horizontal Price Fixing (Per se ) 2) Vertical Price Fixing (Resale price maintenance) (Per se ) a) Colgate Doctrine b) Park Davis Case (class notes) 3) Territorial Agreements a) Horizontal Territorial Agreement (Per se ) b) Vertical Territorial Agreement (Rule of Reason ) 4) Concerted Activities (Rule of Reason)
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Background image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Legl 2700 Chapter 13-Flow Chart 04/08/09 Anti-trust Laws CLAYTON ACT 1) Price Discrimination (Section 2) a) Robinson-Patman Amendment i) Predatory Pricing ii) Defenses for the Amendment A) Sellers may select their own customers in good-faith transactions and not in restraint of trade B) Price changes may be made in response to changing conditions C) Price differentials based on differences in the cost of manufacturer, sale, or delivery of commodities are permitted (cost justification ) D) A seller in good faith may meet the equally low price of a competitor (good-faith meeting-of-competition defense ) 2) Special Arrangements (Section 3) a) Tying Contract i) Full-line forcing b) Reciprocal dealing c) Exclusive dealing (Per se ) i) Requirement Contract 3) Mergers and Acquisitions (section 7) a) Horizontal Merger b) Vertical Merger c) Conglomerate Merger...
View Full Document

Page1 / 2

Chapter 13-Flow Chart - Legl 2700 Chapter 13-Flow Chart...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online