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



Download 236.98 Kb.
Page8/75
Date04.04.2021
Size236.98 Kb.
1   ...   4   5   6   7   8   9   10   11   ...   75

Clayton Act


  • §3  Prohibits potentially anticompetitive acquisitions, exclusive dealings, tie-ins, and interlocking directorates

  • It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, [etc.], whether patented or unpatented, for use, consumption, or resale within a place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, [etc.] of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce

  • Prohibits certain exclusive dealing and tying contracts

  • Usually conflated w/Sherman Act §1

  • §4  Establishes standing under the Clayton Act

  • (a) Except as provided in subsection (b) [foreign state], any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee

  • §7  Prohibits anticompetitive mergers

  • No person engaged in commerce or in any activity affecting commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no person subject to the jurisdiction of the FTC shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce, where the effect may be substantially to lessen competition, or to tend to create a monopoly

  • d/n apply to persons purchasing such stock solely for investment and d/n prevent a corporation from forming a subsidiary

  • These actions may also be brought under Sherman Act §§ 1 and 2

  • §7AHart-Scott-Rodino Act

  • Pre-merger notification (to both DOJ and FTC) and waiting period

  • Celler-Kefauver Amendment

  • Prohibits potentially anticompetitive mergers and acquisitions

  • Robinson-Patman Act

  • Prohibits price discrimination in the sale of goods when it harms competition

  • Exceptions are made where the discriminatory low-price is cost-justified or necessary to meet competition AND if price discrimination doesn’t hurt consumers, it d/n implicate antitrust concerns

  • Price discrimination can implicate SA§2, particularly if there is predatory pricing

  • Provision d/n apply to sale of services!

      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   ...   4   5   6   7   8   9   10   11   ...   75




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page