Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4

From a Per Se Rule to the Rule of Reason for Non-Price-Fixing Cartels

Download 477.5 Kb.
Size477.5 Kb.
1   ...   23   24   25   26   27   28   29   30   ...   75

From a Per Se Rule to the Rule of Reason for Non-Price-Fixing Cartels

  • Socony-Vacuum Oil (1940) – Per Se Rule

  • Sherman Act §1 – cartel agreements that affect the market through naked restraints such as price-fixing are per se illegal  d/n have to define the market!

  • Coordinated action without an agreement is not per se illegal

  • Rejects reasonableness as a necessary inquiry b/c “would emasculate the Sherman Act”

  • U.S. government can sue for a conspiracy, but a private party cannot w/o antitrust injury

  • BMI (1979) – Rule of Reason

  • Rule of Reason analysis applies unless it is a naked restraint on trade (per se rule)

  • Must focus on whether market power created the effect and if the purpose of the practice was to threaten competition

  • Limits Per Se Rule to pricing agreements that are output limiting and bad for consumers

  • Complainant bears burden of proof that there is an agreement to fix prices and limit output

    1. Directory: sites -> default -> files -> upload documents
      upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
      upload documents -> Federalism – The Structure of Government
      upload documents -> General Info About Property law
      upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
      upload documents -> Property with Professor Vicki Been
      upload documents -> Property Outline – Professor Upham, Spring 2000
      upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
      upload documents -> Complex federal investigations
      upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
      upload documents -> Pricing v. Sanctions

      Share with your friends:
1   ...   23   24   25   26   27   28   29   30   ...   75

The database is protected by copyright © 2020
send message

    Main page