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
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From a Per Se Rule to the Rule of Reason for Non-Price-Fixing CartelsSocony-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” Footnote 59 – for price-fixing cases, government d/n have to prove market power, effect or that a conspiracy was carried out wanted a clear, simple rule to bolster deterrent effect 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 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:
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