Term
| The Sherman Antitrust Act of 1890 |
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Definition
a. The first U.S. antitrust law
b. Restraint of Trade
c. Section 1 Tests
d. Section 2
e. Legal Monopolies |
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Term
The first U.S. antitrust law
(Antitrust Act of 1890) |
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Definition
It was designed to weaken the grip of monopolistic businesses on the U.S. economy.
i. Section 1
ii. Section 2 |
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Term
Restraint of Trade
(Antitrust Act of 1890) |
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Definition
i. Horizontal restraints
ii. Vertical restraints |
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Term
Section 1 Tests
(Antitrust Act of 1890) |
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Definition
i. Rule of Reason
ii. Per Se Violations |
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Term
Section 2
(Antitrust Act of 1890) |
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Definition
prohibits monopolization, attempts to monopolize, and conspiracies to monopolize
i. Monopolization
ii. Attempt to monopolize
iii. Conspiracies to monopolize |
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Term
Legal Monopolies
(Antitrust Act of 1890) |
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Definition
i. Regulated industries
ii. Intellectual property |
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Term
Section 1
(The first U.S. antitrust law ) |
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Definition
regulates contracts that restrain trade.
1. In practice, section 1 only prohibits certain agreements that materially impact the competitiveness of the market. |
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Term
Section 2
(The first U.S. antitrust law ) |
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Definition
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Term
Horizontal restraints
(Restraint of Trade) |
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Definition
agreements among competitors at same level in the chain of distribution.
Example: two oil companies collude to keep barriers of market entry high in order to restrict competition and keep profits high. |
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Term
Vertical restraints
(Restraint of Trade) |
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Definition
agreements among parties at different levels in the chain of distribution.
Example: a miner of crude oil and an oil refinery agree to only work together so that all steps in the processing of oil may eventually be controlled by one or a few parties, restricting competition. |
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Term
Rule of Reason
(Section 1 Tests) |
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Definition
| standard that balances the anti-competitive effects against the pro-competitive effects of the restraint. |
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Term
Per Se Violations
(Section 1 Tests) |
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Definition
| conclusively presumed unreasonable and therefore illegal. |
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Term
Market allocation
(Per Se Violations) |
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Definition
| division of markets by customer type, geography, or products. Horizontal agreements are per se illegal while vertical agreements are judged by the rule of reason standard. |
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Term
Price fixing
(Per Se Violations) |
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Definition
| an agreement which inhibits price competition. Horizontal agreements (those agreements between members at the shame level of production) are per se illegal while vertical price fixing (agreements between members at different levels of production) is judged by the rule of reason. |
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Term
Boycott
(Per Se Violations) |
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Definition
| agreement among competitors not to deal with a supplier or customer. |
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Term
Tying Arrangement
(Per Se Violations) |
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Definition
| conditioning a sale of a desired product (tying product) on the buyer’s purchasing a second product (tied product). If the seller has considerable power in the production of the tying product or affects a substantial amount of interstate commerce in the tied product, then the arrangement is per se illegal. |
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Term
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Definition
| Example: a market leader in the production of cell phones tells you that they will only sell you a cell phone (tying product) if you buy a case for it (tied product). They have considerable power in the production of cell phones since they are the market leader, and so the tying arrangement is per se illegal. |
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Term
Monopolization
(Section 2) |
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Definition
| requires market power (ability to control price or exclude others from the marketplace) plus either unfair attainment of power or abuse of such power. |
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Term
Attempt to monopolize
(Section 2) |
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Definition
| specific intent to monopolize, plus a dangerous probability of success. |
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Term
Conspiracies to monopolize
(Section 2) |
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Definition
| a group of persons or entities who plan to establish a market monopoly. |
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Term
Regulated industries
(Legal Monopolies) |
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Definition
government authorizes a single supplier in an area, but controls price and practices to prevent abuse.
Examples: Utilities like power and water, or transportation systems. |
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Term
Intellectual property
(Legal Monopolies) |
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Definition
a business may obtain a monopoly in a specific market by virtue of copyright or patent granted by government.
Example: a copyrighted book. |
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Term
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Definition
Mergers
Horizontal merger
Vertical merger |
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Term
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Definition
| are prohibited if it tends to create a monopoly or may substantially lessen competition. |
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Term
Horizontal merger
(Clayton Act) |
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Definition
| one company’s acquisition of a competing company. Most of these mergers are carefully reviewed because they are likely to be anticompetitive. |
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Term
Vertical merger
(Clayton Act) |
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Definition
a company’s acquisition of one of its supplier of customers.
Example: Wal-Mart acquires its primary supplier of dairy products. |
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Term
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Definition
| The Act covers price discrimination and prohibits buyers from inducing or sellers from giving different prices to buyers of commodities of similar grade and quality. |
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Term
| Federal Trade Commission Act |
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Definition
Purpose: to prevent unfair methods of competition and unfair or deceptive practices.
Coverage: the FTC issues many regulations establishing specific standards for purposes of advertising, labeling, and selling. |
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