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Unformatted text preview: LAWS_310 AUG 9, 2011 2 Types of enforcement a- Criminal 1- Corp $100mm per via lotion 2- Individual 1mm + 10yrs in jail B- Civil a- Injunction relief Status I- Sherman anti-trust act of 1890 a- Forbids restraint of trade b- Forbids monopolization, attempts to monopolize and conspiricies II- Clayton act of 1914 a- Forbids price discrimination (civil Relief) III- FTC Horizontal Restraints 1- When competition collude. Conspire. Agree between themselves Standard oil of 1911 1- Rule of reason: Balance between pro + anti-competitive effects of the situation. ^ Must prove the existence of anti-competitive conduct and prove on balance conduct harms competition Per SE Violation Horizontal Price Fixing There are 4 Proofs 1- Agreement with direct evidence (written/ Oral) 2- Agreement without direct evidence (Circumstantial) 3- Agreement based on tacit understanding (tacit=understood w/o being said....
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- Spring '11