The short summaries at each of these links are intended to introduce the subject to the lay person with little or no knowledge of the antitrust laws. The United States Department of Justice, Antitrust Division, includes excellent summaries at various levels of generality on its website. Practicing lawyers will want to review those summaries in […]
Category Archives: Uncategorized
Antitrust Remedies
August 15, 2008 – 11:18 am
The U.S. federal antitrust laws may be enforced as both civil and criminal violations. Only the United States Department of Justice has criminal jurisdiction. In general, only hard core, per se violations are prosecuted criminally. The FTC, state governments, and private parties, along with the Department of Justice may assert civil claims. Criminal Penalties Fines: […]
Kensington Antitrust Advisors Group
July 5, 2008 – 5:00 pm
The Kensington Antitrust Advisors Group provides a full range of consulting services to businesses and law firms relating to antitrust compliance, litigation, and policy. We can design compliance programs, evaluate competition questions about business plans, or assist in the preparation of a business review letter. We also assess potential antitrust violations; facilitate meetings with the […]
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July 5, 2008 – 4:20 pm
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Exemptions & Immunities
July 5, 2008 – 3:42 pm
Congress and the courts have recognized a number of exemptions and immunities from the antitrust laws. These include: the Noerr-Pennington Doctrine, which exempts lobbying and other forms of petitioning the government from antitrust scrutiny; the Antitrust-State-Action Doctrine, which exempts conduct that is authorized and supervised by governmental officials from antitrust scrutiny; the Labor Exemption, which […]
Price Discrimination
July 5, 2008 – 3:41 pm
The Robinson-Patman Ace prohibits price discrimination in the sale of goods within a supply chain. Price discrimination is defined as selling goods of like grade and quality to different distributors at different prices. The statute prohibiting price discrimination is quite complex and incorporates a number of potential defenses. The price discrimination prohibition does not apply […]
Merger Law
July 5, 2008 – 3:40 pm
The federal antitrust laws prohibit merchants, including a acquisition of assets, that would tend to unreasonably restrain trade. Except in rare cases, a merger will unreasonable restrain trade only when the merging firms compete in the same relevant product and geographic markets and the post-merger firm would have market power, that is the ability to […]
Unlawful Unilateral Conduct
July 5, 2008 – 3:40 pm
Only the largest firms can violate the antitrust laws through unilateral conduct, that is conduct that does not involve an agreement with another firm. To do so, a firm must have monopoly power or a dangerous probability of obtaining it. Courts define this level of power as the ability to raise price or exclude competition from […]
Unlawful Agreements
July 5, 2008 – 3:40 pm
The prohibition of agreements in “restraint of trade” form the core of both federal and state antitrust laws. Understanding the concept of restraint of trade is critical to understanding the antitrust laws. In a sense, any contract between companies restrains trade in the sense that by agreeing to purchase a good or service from one […]