Antitrust Laws: Those federal and state laws, and their enforcement, that protect trade and commerce from unlawful restraints and monopolies or unfair business practices.Health Facility Merger: The combining of administrative and organizational resources of two or more health care facilities.Economic Competition: The effort of two or more parties to secure the business of a third party by offering, usually under fair or equitable rules of business practice, the most favorable terms.Hospital Shared Services: Cooperation among hospitals for the purpose of sharing various departmental services, e.g., pharmacy, laundry, data processing, etc.United States Federal Trade Commission: An independent administrative agency concerned with maintaining competitive free enterprise by prohibiting unfair methods of competition and unfair deceptive acts or practices.Health Care Sector: Economic sector concerned with the provision, distribution, and consumption of health care services and related products.Competitive Medical Plans: Alternative health care delivery mechanisms, such as PREFERRED PROVIDER ORGANIZATIONS or other health insurance services or prepaid plans (other than HEALTH MAINTENANCE ORGANIZATIONS), that meet Medicare qualifications for a risk-sharing contract. (From Facts on File Dictionary of Health Care Management, 1988)Hospital-Physician Joint Ventures: A formal financial agreement made between one or more physicians and a hospital to provide ambulatory alternative services to those patients who do not require hospitalization.Competitive Bidding: Pricing statements presented by more than one party for the purpose of securing a contract.Legislation, Hospital: Laws and regulations concerning hospitals, which are proposed for enactment or enacted by a legislative body.Group Purchasing: A shared service which combines the purchasing power of individual organizations or facilities in order to obtain lower prices for equipment and supplies. (From Health Care Terms, 2nd ed)Chief Executive Officers, Hospital: Individuals who have the formal authority to manage a hospital, including its programs and services, in accordance with the goals and objectives established by a governing body (GOVERNING BOARD).Hospital Administrators: Managerial personnel responsible for implementing policy and directing the activities of hospitals.GermanySoftware: Sequential operating programs and data which instruct the functioning of a digital computer.Word Processing: Text editing and storage functions using computer software.Commerce: The interchange of goods or commodities, especially on a large scale, between different countries or between populations within the same country. It includes trade (the buying, selling, or exchanging of commodities, whether wholesale or retail) and business (the purchase and sale of goods to make a profit). (From Random House Unabridged Dictionary, 2d ed, p411, p2005 & p283)User-Computer Interface: The portion of an interactive computer program that issues messages to and receives commands from a user.Electronic Mail: Messages between computer users via COMPUTER COMMUNICATION NETWORKS. This feature duplicates most of the features of paper mail, such as forwarding, multiple copies, and attachments of images and other file types, but with a speed advantage. The term also refers to an individual message sent in this way.Paratuberculosis: A chronic GASTROENTERITIS in RUMINANTS caused by MYCOBACTERIUM AVIUM SUBSPECIES PARATUBERCULOSIS.Mycobacterium avium subsp. paratuberculosis: A subspecies of gram-positive, aerobic bacteria. It is the etiologic agent of Johne's disease (PARATUBERCULOSIS), a chronic GASTROENTERITIS in RUMINANTS.Internet: A loose confederation of computer communication networks around the world. The networks that make up the Internet are connected through several backbone networks. The Internet grew out of the US Government ARPAnet project and was designed to facilitate information exchange.Politics: Activities concerned with governmental policies, functions, etc.Pharmacies: Facilities for the preparation and dispensing of drugs.Biological Products: Complex pharmaceutical substances, preparations, or matter derived from organisms usually obtained by biological methods or assay.TartratesUnited States Government Agencies: Agencies of the FEDERAL GOVERNMENT of the United States.IndiaCompetitive Behavior: The direct struggle between individuals for environmental necessities or for a common goal.American Hospital Association: A professional society in the United States whose membership is composed of hospitals.New JerseyDrug Industry: That segment of commercial enterprise devoted to the design, development, and manufacture of chemical products for use in the diagnosis and treatment of disease, disability, or other dysfunction, or to improve function.Tars: Viscous materials composed of complex, high-molecular-weight compounds derived from the distillation of petroleum or the destructive distillation of wood or coal. (McGraw-Hill Dictionary of Scientific and Technical Terms, 4th ed)Consumer Product SafetyDrug Recalls: Removal of a drug from the market due to a problem occurring in the manufacture or distribution of the product.Product Recalls and Withdrawals: The removal of a consumer product from the market place. The reason for the removal can be due a variety of causes, including the discovery of a manufacturing defect, a safety issue with the product's use, or marketing decisions.Canada: The largest country in North America, comprising 10 provinces and three territories. Its capital is Ottawa.Australia: The smallest continent and an independent country, comprising six states and two territories. Its capital is Canberra.Crack Cocaine: The purified, alkaloidal, extra-potent form of cocaine. It is smoked (free-based), injected intravenously, and orally ingested. Use of crack results in alterations in function of the cardiovascular system, the autonomic nervous system, the central nervous system, and the gastrointestinal system. The slang term "crack" was derived from the crackling sound made upon igniting of this form of cocaine for smoking.Western Australia: A state in western Australia. Its capital is Perth. It was first visited by the Dutch in 1616 but the English took possession in 1791 and permanent colonization began in 1829. It was a penal settlement 1850-1888, became part of the colonial government in 1886, and was granted self government in 1890. (From Webster's New Geographical Dictionary, 1988, p1329)South Australia: A state in south central Australia. Its capital is Adelaide. It was probably first visited by F. Thyssen in 1627. Later discoveries in 1802 and 1830 opened up the southern part. It became a British province in 1836 with this self-descriptive name and became a state in 1901. (From Webster's New Geographical Dictionary, 1988, p1135)Nigeria: A republic in western Africa, south of NIGER between BENIN and CAMEROON. Its capital is Abuja.Criminals: Persons who have committed a crime or have been convicted of a crime.Criminal Law: A branch of law that defines criminal offenses, regulates the apprehension, charging and trial of suspected persons, and fixes the penalties and modes of treatment applicable to convicted offenders.Muscular Dystrophy, Emery-Dreifuss: A heterogenous group of inherited muscular dystrophy without the involvement of nervous system. The disease is characterized by MUSCULAR ATROPHY; MUSCLE WEAKNESS; CONTRACTURE of the elbows; ACHILLES TENDON; and posterior cervical muscles; with or without cardiac features. There are several INHERITANCE PATTERNS including X-linked (X CHROMOSOME), autosomal dominant, and autosomal recessive gene mutations.Fukushima Nuclear Accident: Nuclear power accident that occurred following the Tohoku-Kanto earthquake of March 11, 2011 in the northern region of Japan.Nuclear Power Plants: Facilities that convert NUCLEAR ENERGY into electrical energy.Encephalitis Virus, Western Equine: A species of ALPHAVIRUS that is the etiologic agent of encephalomyelitis in humans and equines in the United States, southern Canada, and parts of South America.Office Automation: Use of computers or computer systems for doing routine clerical work, e.g., billing, records pertaining to the administration of the office, etc.Library AssociationsPatents as Topic: Exclusive legal rights or privileges applied to inventions, plants, etc.Lawyers: Persons whose profession is to give legal advice and assistance to clients and represent them in legal matters. (American Heritage Dictionary, 3d ed)Naval Medicine: The practice of medicine concerned with conditions affecting the health of individuals associated with the marine environment.Intellectual Property: Property, such as patents, trademarks, and copyright, that results from creative effort. The Patent and Copyright Clause (Art. 1, Sec. 8, cl. 8) of the United States Constitution provides for promoting the progress of science and useful arts by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries. (From Black's Law Dictionary, 5th ed, p1014)

HMO consolidations: how national mergers affect local markets. (1/23)

The health maintenance organization (HMO) industry has undergone a wave of national consolidations in recent years. The most notable among these were between United HealthCare and MetraHealth (1995), PacifiCare Health Systems and FHP International (1996), Aetna Life and Casualty and U.S. Healthcare (1996), and Aetna and Prudential's health care unit (1999). This paper examines HMO consolidation from 1994 to 1997, looking first at concentration at the national level and then at the consequences of national consolidations for local markets. Whereas earlier mergers may have caused only a small increase in the type of local market concentration that may increase prices, later and currently proposed mergers may be motivated by considerations of increasing local market concentration. However, the concentration-increasing effect of national mergers was offset by the concentration-decreasing effect of HMO entry and growth. The analyses suggest that antitrust policy still has a role to play in ensuring that HMO markets remain open to new entry and in evaluating the effect of national mergers on local market concentration.  (+info)

American health care and the law--we need to talk! (2/23)

The first section of this paper highlights five critical legal developments over the past half-century that, while not reflecting considered policy judgments about how the health care industry should operate, put American health care on some surprising paths. The second part then observes five fundamental policy contradictions discernible in health care law today, each of which reflects severe ambivalence in public attitudes toward health care. Although such confusion in the law is interesting in itself, the main purpose of the paper is to propose, in section three, the creation of a permanent high-level forum, perhaps in the Institute of Medicine, where leaders from the health and legal worlds could meet regularly with a view to helping the legal system resolve some of the policy confusion that exists.  (+info)

Whither antitrust? The uncertain future of competition law in health care. (3/23)

Although instrumental in ushering in competition to the health care industry and later in safeguarding the competitive structure of markets, antitrust law has come under attack. A series of questionable judicial decisions has clouded the standards applicable to analyzing health care markets. Legislative efforts to immunize conduct from antitrust challenge also have gathered support in recent years. This study finds scant economic or policy basis for these developments and concludes that anti-managed care sentiments have diluted enthusiasm for applying competitive principles in health care. This phenomenon has resulted in outcome-driven judicial decisions and legislative activity geared to serving political expediency rather than sound policy tenets. The paper recommends heightened antitrust scrutiny of provider and insurer markets by federal and state enforcers and increased empirical research into the workings of imperfect health care markets and the effects of past antitrust decisions.  (+info)

Why competition law matters to health care quality. (4/23)

Competition law (encompassing both antitrust and consumer protection) is the forgotten stepchild of health care quality. This paper introduces readers to competition law and policy, describes its institutional features and analytic framework, surveys the ways in which competition law has influenced quality-based competition, and outlines some areas in need of further development. Competition law protects the competitive process--not individual competitors. It guides the structural features of the health care system and the conduct of providers as they navigate it. Competition law does not privilege quality over other competitive goals but honors consumers' preferences with respect to trade-offs among quality, price, and other attributes of goods and services.  (+info)

Relevance of federal antitrust statutes to clinical practice. (5/23)

With the advent of Medicare prospective payment systems, health care entities and physicians were forced to decrease expenses by sharing services and to increase revenue by attempting to jointly negotiate better reimbursement from third- party payers. Both activities have raised the specter of prosecution under antitrust laws that have been with us for more than a century but are poorly understood by practicing physicians. Recent monopolistic activities in the health care arena have prompted the Federal Trade Commission to file actions under specific acts of Congress, eg, the Sherman Anti-Trust Act, Clayton Act, Federal Trade Commission Act, Robinson-Patman Act, and Celler-Kefauver Act. Inasmuch as it is likely that specialties such as vascular surgery as a business will undergo substantial transformation, physicians need to be aware of the severe civil and criminal sanctions imposed if they are found guilty; fines that are several times actual damages; activities that raise antitrust issues including utilization review, medical staff privileges for competing specialties, participating provider agreements, and predatory pricing; and affirmative defenses and relief available in terms of specific exemptions. As health care providers react, innovate, and adjust to stay solvent, their business strategies will surely continue to be scrutinized for antitrust behavior by federal and state officials. The physician must have a basic understanding of the groundrules that govern any contemplated business strategy so that common pitfalls may be averted.  (+info)

Critical issues in hospital antitrust law. (6/23)

Antitrust litigation involving hospitals is common. This paper describes recent developments and underlying issues in antitrust law with respect to hospital-hospital relations, hospital-physician relations, and hospital-payer relations. A key unanswered question in each of these areas is how government regulation and public purchasing affect competitive markets for hospital services.  (+info)

Protecting competition and consumers: a conversation with Timothy J. Muris. Interview by William Sage. (7/23)

In this interview with William Sage of Columbia University, Federal Trade Commission (FTC) chair Timothy Muris discusses his commission's role in the health care arena. He details the FTC's antitrust and consumer protection activities in a variety of sectors, including hospitals, physicians, and pharmaceuticals. Muris affirms the commission's belief that markets benefit consumers and that markets need basic rules to operate. The FTC's role is to enforce those rules, based on empirical evidence, in as much of the economy as possible, including health care.  (+info)

Monopoly, monopsony, and market definition: an antitrust perspective on market concentration among health insurers. (8/23)

James Robinson uses the Herfindahl-Hirschman Index (HHI) to compute the concentration of commercial health insurance markets in most of the states during the past four years. The HHI is the analytical foundation for the federal antitrust merger guidelines, so we consider his findings from an antitrust perspective. Market concentration provides an important benchmark for antitrust analysis, but it does not, standing alone, indicate the presence of problematic (anticompetitive) behavior or a problem that antitrust law can solve. Even if it did, there are major problems in treating individual states as discrete insurance markets. Unless the market is correctly defined, any analysis of market concentration is thoroughly unreliable.  (+info)

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Looking for Antitrust Laws? Find out information about Antitrust Laws. in a number of bourgeois states, laws adopted nominally to limit the activities of trusts, cartels, and other forms of monopolies. The first such law was... Explanation of Antitrust Laws
Has a new day dawned for U.S. antitrust scrutiny of Alphabet-Google? The evidence is overwhelming that Alphabet-Google has broadly extended its search and search monopolies into several more markets, and that it has done so anti-competitively in the four years since the FTC chaotically shut down its search, search advertising, and Android investigations in January 2013. The question here is will Googles many monopolies enjoy no FTC antitrust enforcement over the next four years of the Trump Administration, like Google apparently enjoyed in the last four years of the Obama Administration? To set a baseline of what has happened since the FTC apparently stopped enforcing antitrust law against Google, its instructive to remember where Google stood at that time with the FTC, via brief conclusions from the FTC staff investigators and then from the FTC commissioners. In October 2012, the FTC Staff Report said:
Washington, D.C.. As a former Surface Warfare Officer in the United States Navy, John "Jay" Jurata is no stranger to keeping his cool in face of pivotal conflicts. This has served him well in his career as an antitrust trial attorney that has spanned nearly two decades. He has represented some of the biggest names in the technology industry, including Microsoft, Sharp, LG, Panasonic and Fujifilm. A partner in Orricks Washington, D.C., office, Jay is the leader of the firms Antitrust and Competition Group. His practice covers both U.S. and international competition law, with an emphasis on antitrust and intellectual property issues involving technology markets. He is a first chair trial lawyer with extensive experience representing clients in government investigations relating to monopolization and abuse of dominance, mergers and acquisitions, and high-stakes litigation. He currently co-leads Microsofts defense of an antitrust class action overcharge litigation in Canada seeking more than four ...
The Justice Departments top antitrust official on Friday warned Big Tech that the U.S. government could pursue them for anticompetitive behavior related to their troves of user data, including for cutting off data access to competitors.. "Antitrust enforcers cannot turn a blind eye to the serious competition questions that digital markets have raised," Assistant Attorney General Makan Delrahim told an antitrust conference at Harvard Law School.. Lawmakers have accused the Department of Justice and the Federal Trade Commission of wasting time arguing who would investigate which tech company, amid a broad investigation into firms like Google, Amazon, Facebook and Apple.. Delrahims office is currently investigating companies including Google while the Federal Trade Commission probes Facebook. The House Judiciary Committee is conducting an inquiry looks at those two companies plus Amazon and Apple.. He said some of the most interesting and alarming legal issues raised by the rise of the digital ...
Washington, D.C.. As a former Surface Warfare Officer in the United States Navy, John "Jay" Jurata is no stranger to keeping his cool in face of pivotal conflicts. This has served him well in his career as an antitrust trial attorney that has spanned nearly two decades. He has represented some of the biggest names in the technology industry, including Microsoft, Sharp, LG, Panasonic and Fujifilm. A partner in Orricks Washington, D.C., office, Jay is the leader of the firms Antitrust and Competition Group. His practice covers both U.S. and international competition law, with an emphasis on antitrust and intellectual property issues involving technology markets. He is a first chair trial lawyer with extensive experience representing clients in government investigations relating to monopolization and abuse of dominance, mergers and acquisitions, and high-stakes litigation. He currently co-leads Microsofts defense of an antitrust class action overcharge litigation in Canada seeking more than four ...
The conservative critique of antitrust law has been highly influential and has facilitated a transformation of antitrust standards of conduct since the 1970s and led to increasingly more permissive standards of conduct. While these changes have taken many forms, all were influenced by the view that competition law was over-deterrent. Critics relied heavily on the assumption that the durability and costs of false positive errors far exceeded those of false negatives. Many of the assumptions that guided this retrenchment of antitrust rules were mistaken and advances in the law and in economic analysis have rendered them anachronistic, particularly with respect to exclusionary conduct. Continued reliance on what are now exaggerated fears of
Safaricom Ltd., East Africas biggest mobile-phone operator, opposes draft antitrust laws proposed by the industry regulator because they may curb efficiency and investment, Chief Executive Officer Bob Collymore said.
​The AANS and CNS support the idea that physicians should be allowed to jointly negotiate contracts without subjecting them to per se violations of the antitrust laws.
AG Jepsen Leads Coalition in New, Expanded Complaint in Federal Generic Drug Antitrust Lawsuit Abstract: Attorney General George Jepsen today led 45 other attorneys general taking part in a wide-ranging multistate antitrust investigation of the generic drug industry in asking the federal court for permission to file a new complaint in the states pending lawsuit that increases the number of generic drug manufacturer defendants from six to 18 in the case and the number of drugs at issue in the litigation from two to 15. ...
One hot topic is whether Google has violated the antitrust laws. Another important topic is how behavioral economics can enrich antitrust policy. This Essay exa
Copyright © 2017 · Salt Institute. All rights reserved. Privacy Policy , Terms of Use. Antitrust Policy: It is the policy of the Salt Institute (SI), and it is the responsibility of every Association member company, to comply in all respects with federal and State antitrust laws and the Board of Directors has adopted an antitrust policy to that effect. No SI activity is intended to be or shall be used for the purpose of bringing about any understanding or agreement among members to (a) raise, lower, or stabilize prices; (b) regulate production; (c) allocate markets; (d) encourage boycotts; (e) foster unfair trade practices; (f) assist monopolization, or (g) in any way violate federal or State antitrust laws. Any and all meetings, communications, conference calls, shared resources and collaborative workspaces (including, without limitation, the SI website; web or online chats; blogs; social or business networking tools [such as Linkedin, Facebook, myspace, and Twitter]; data sharing; document ...
Copyright © 2017 · Salt Institute. All rights reserved. Privacy Policy , Terms of Use. Antitrust Policy: It is the policy of the Salt Institute (SI), and it is the responsibility of every Association member company, to comply in all respects with federal and State antitrust laws and the Board of Directors has adopted an antitrust policy to that effect. No SI activity is intended to be or shall be used for the purpose of bringing about any understanding or agreement among members to (a) raise, lower, or stabilize prices; (b) regulate production; (c) allocate markets; (d) encourage boycotts; (e) foster unfair trade practices; (f) assist monopolization, or (g) in any way violate federal or State antitrust laws. Any and all meetings, communications, conference calls, shared resources and collaborative workspaces (including, without limitation, the SI website; web or online chats; blogs; social or business networking tools [such as Linkedin, Facebook, myspace, and Twitter]; data sharing; document ...
In the 1944 Supreme Court Case, United States v. South-Eastern Underwriters Association, the Court established that the business of insurance constitutes "interstate commerce," and therefore is subject to Congressional oversight under the Commerce Clause of the Constitution. This decision specifically held that the Sherman Act - the federal antitrust statute - applied to insurance.. In quick reaction, insurance companies lobbied Congress to pass the McCarran-Ferguson Act of 1945 to establish a special-interest exemption for the industry from federal antitrust laws. After 70 years, it is apparent that the unbridled antitrust exemption created by Congress in the 1940s was not prudent. Over the decades - and expeditiously since the passage of the Affordable Care Act, in 2009 - the health insurance market has mutated into one of the least transparent and most anti-competitive industries in the United States.. The Competitive Health Insurance Reform Act, HR 372, is legislation designed to amend ...
Certifying a class of direct purchasers of sheet metal parts alleging claims under section 1 of the Sherman Act, Judge Lynn Adelman of the United States District Court for the Eastern District of Wisconsin focused on what it means for common questions to predominate in an antitrust class action. Relying on the analysis of plaintiffs expert, the decision echoes the Supreme Courts observation in Amchem Products v. Windsor, 521 U.S. 591, 625 (1997), that "[p]redominance is a test readily met in certain cases alleging . . . violations of the antitrust laws.". In Fond Du Lac Bumper Exchange v. Jui Li Enterprise et al., plaintiffs allege that defendants-manufacturers of aftermarket automotive sheet metal parts-violated the Sherman Act by conspiring to fix, raise, maintain, and stabilize prices of these automotive parts. Three of the five original defendants have reached class-wide settlements with the plaintiffs, and the court approved these agreements last year.. Aftermarket automotive sheet metal ...
The rise of behavioral economics has sparked a debate about whether the conventional economic models used in antitrust analyses - which rely on assumptions of rational action - adequately account for real-world behavior, says Elizabeth Bailey of NERA Economic Consulting Inc.
Elinor R. Hoffmann, Office of the NYS Attorney General Why do States care? In 2004, $188.5 Billion was spent on prescription pharmaceuticals. One estimate for 2006 is $213.7 billion. Attorneys General represent state agencies and consumers who make significant purchases of pharmaceuticals. Poisal, J.A. et al, Health Spending Projections through 2016: Modest Changes Obscure Part Ds Impact Health Affairs 26, No. 2 (2007). Elinor R. Hoffmann, Office of the NYS Attorney General
Allied Pilots Association (APA), representing 11,500 pilots at American Airlines, urged (09-Oct-2009) the US Department of Transportation (DoT) to decline the carriers application for worldwide antitrust immunity with British Airways and Iberia, citing European Commission (EC) concerns and the airlines refusal to address job-security, anti-competitiveness and national-security issues. [more]. Allied Pilots Association: As a result of two significant developments during the past several days, we urge the DoT to decline American Airlines application for worldwide antitrust immunity. The first of those developments was the ECs announcement earlier this month that American Airlines plans may violate rules governing restrictive business practices. Given those stated concerns, we question the advisability of granting approval to a deal that may fail to pass muster with the DoTs European counterparts, Captain Lloyd Hill, President. Source: Allied Pilots Association, 09-Oct-2009.. ...
While the FTCs focus on keyword advertising is new, its interest in advertising restrictions is not. For example, our Advertising and Marketing Law casebook covers the FTC v. Polygram case from 2003, in which the FTC successfully pursued two competitors agreements to restrict advertising of old stock in order to prop up a new product release. Questions Raised Why Is the FTC Acting Now? The FTC says 1-800 Contacts started its enforcement-and-settlement campaign in 2004. Why is the FTC acting now, a dozen years later? Normally a complaint like this is instigated by a competitors complaint, and it would make sense if Lens.com tipped off the FTC about its situation. (In addition to the trademark battle, Lens.com had a parallel antitrust lawsuit against 1-800 Contacts going back years). However, I assume Lens.com would have raised this issue with the FTC a long time ago. After all, Lens.com filed its antitrust lawsuit in 2011. Perhaps the FTC waited to see how that lawsuit would play out before ...
Sara Lee Corporation and The Earthgrains Company announced yesterday that they have received U.S. antitrust clearance for Sara Lees proposed acquisition of Earthgrains. The waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 relating to Sara Lees proposed acquisition of Earthgrains expired at 11:59 p.m. (EDT), on Friday, July 20, 2001. The tender offer is scheduled to expire at midnight (EDT) on Tuesday, July 31, 2001, unless extended. related to Sara Lee, FDF,
WHEREAS, the Honorable Robert H. Bork, a resident of McLean, continues a long and distinguished career of public service; and. WHEREAS, Robert Bork earned a bachelors degree and a law degree from the University of Chicago and served in the United States Marine Corps; and. WHEREAS, Robert Bork engaged in the private practice of law in Chicago and was a Professor of Law at Yale Law School from 1962 to 1973 and then again from 1977 to 1981; and. WHEREAS, Professor Borks book, The Antitrust Paradox, sparked the public dialog about antitrust laws that culminated in the now dominant view that the purpose of antitrust laws is maximizing consumer welfare; and. WHEREAS, as Professor of Law at Yale Law School, Robert Bork served as the original faculty advisor for a small law student organization, The Federalist Society, and ever since then has selflessly given his time and counsel to this legal organization as it has grown into an influential nationwide organization committed to our national ...
In contrast to some Western jurisdictions, exchange of information between competitors in itself is not a violation of Russian antitrust law. However…
A federal judge will allow one of the countrys leading food service distributors and a group of others balking at the high price of chicken to continue to peck away at a federal antitrust action accusing the countrys largest poultry producers of fixing prices for their birds.
Some of Americas biggest paper companies have been contacted by Justice Department investigators as part of a federal antitrust investigation into commercial and industrial sales of toilet tissue
In economics and particularly in industrial organization, market power is the ability of a firm to profitably raise the market price of a good or service over marginal cost. In perfectly competitive markets, market participants have no market power. A firm with total market power can raise prices without losing any customers to competitors. Market participants that have market power are therefore sometimes referred to as "price makers" or "price setters", while those without are sometimes called "price takers". Significant market power occurs when prices exceed marginal cost and long run average cost, so the firm makes economic profit. A firm with market power has the ability to individually affect either the total quantity or the prevailing price in the market. Price makers face a downward-sloping demand curve, such that price increases lead to a lower quantity demanded. The decrease in supply as a result of the exercise of market power creates an economic deadweight loss which is often viewed ...
The Justice Departments top antitrust official warned Big Tech companies Friday that the government could pursue them for anticompetitive behavior related to their troves of user data, including for cutting off data access to competitors. Antitrust enforcers cannot turn a blind eye to the
Three-hospital Evanston Northwestern Healthcare denied allegations by the Federal Trade Commission (FTC) that its 2000 acquisition of Highland Park Hospital and the hospitals affiliated physician group was anti-competitive. In its first antitrust challenge to a hospital merger in six years, the FTC on Tuesday asked a court to order Evanston Northwestern to divest Highland Park and to refrain from setting prices for physicians not employed by the Evanston Northwestern faculty practice. Evanston Northwestern said it would fight the challenge. Responding to Modern Healthcares request for comment, David Loveland, senior vice-president of corporate relations at Evanston Northwestern, said the system controls 16% of the area market. "One reason we are so chagrined by the FTC action is that this is not a situation where we have dominant market clout," Mr. Loveland said. "The FTC decision has ignored the overwhelming proof of the enormous benefits of this merger." The FTC alleged that the
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GlaxoSmithKline LLC and Teva Pharmaceutical Industries Ltd. urged a New Jersey federal judge Friday to dismiss claims by indirect purchasers of GSK's epilepsy drug Lamictal accusing the companies of entering a pay-for-delay settlement that was unlawful and anti-competitive.
We continue to explore the possibility of partnering with other parties on both of those projects,," Bill Hemelt, Matrixx acting president, CFO and COO, told analysts last week. "As weve said before, we dont want to move forward on them by ourselves because of the significant risks associated with that," he said. "Xcid was a disappointment. … We did roll it out on a limited basis this past year, but it did not meet our expectations. Not because its a bad product, it just simply will require greater investment to take that nationally. So we are exploring partnership possibilities for both of those projects.". Both products are "market ready," Hemelt said, replete with consumer research and product research.. Zicare, when used in conjunction with a daily oral routine, helps dissolve up to 30% of visible tartar that has already formed and helps inhibit future tartar formation above the gumline, according to the product web site. Zicare is a gel that is applied at the gumline and between the ...
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On October 20, 2016, the Federal Trade Commission ("FTC") and the Antitrust Division of the Department of Justice ("DOJ") released joint guidance for…
Reuters is reporting that majority of those on the US Federal Trade Commission believe an antitrust case should be brought against Google. But if action co
Should Facebook be investigated for antitrust violations, the Federal Trade Commission (FTC) would lead the probe, the Wall Street Journal reported on Monday.
Modern antitrust and competition law relies extensively on the firm as defined by Ronald Coase: a hierarchy reducing transaction costs thanks to vertical contro
I intimately covered Microsofts U.S. antitrust troubles from 1997 through the judges final decree at the end of 2002. Legal experts and others more directly involved in the case agreed on at least one thing: Attorneys general for federal and state governments might never have brought the case(s) if not for exclusive agreements that Microsoft imposed on its manufacturing partners. Keyword: Exclusive, and the deals favoring the software giants products and services (like Internet Explorer) over competitors wares. Exclusivity that shut out competitors caused consumer harm, trustbusters reasoned.. If there is a problem for Android and Google, licensing terms will be the big thing, I predict.. Android is really two operating system. There is the open-source version that anyone can adapt, and there is the other that Google directly licenses which has strings attached. Stated differently: The search and information giant imposes restrictions, with respect to carrying its apps and services. This is ...
In this article, NERA experts Sheng Li, Christine Meyer and Gabriella Monahova explain four frequently used economic tools and how economists apply them to common antitrust issues. The authors first discuss regression analysis as applied to common antitrust issues. They then explain how critical loss analysis (CLA), the upward pricing pressure (UPP) model, and merger simulation are applied in the review of mergers and acquisitions. For each economic tool, they provide a practical list of the strengths and limitations of these techniques and the key issues that attorneys and economists need to discuss so that they and their clients are fully prepared for how the antitrust agencies or an opposing private litigant might critique the economists work. They conclude that while antitrust attorneys and economists often use different terminology, providing the highest level of service to clients requires that attorneys and economists work together to address the same questions about competition in ...
If federal regulators are serious about prosecuting Big Tech icons for antitrust practices, theyll probably have to redefine what constitutes a monopoly in...
European Commission - Competition - Antitrust - Guidelines on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC Treaty
A member of Brazils billionaire Batista family should be declared guilty of fostering anti-competitive practices in the domestic cattle slaughtering market more than a decade ago, a body at antitrust watchdog Cade recommended on Friday.
It did not take long for EU competition commissioner Neelie Kroes to put the boot in. Minutes after the European Court of First Instance handed down its significant judgment against Microsoft, she fired a warning shot across the bow of other high-tech companies that may be thinking of ignoring its antitrust strictures.
After 19 months of investigation, political maneuvering, lobbying and intense speculation the FTC has closed its antitrust investigation of Google. The out
In 2009, the Third Circuit decided Hydrogen Peroxide, which announced a more rigorous standard under Federal Rule of Civil Procedure 23(b)(3) for (...)
Health, ... WASHINGTON Fe... Thank you very much Mr. Speaker. I thank the Chairman for his ... By passing legislation that increases leverage for the people by chan...,Pelosi,on,Repealing,Antitrust,Exemption:,Health,Insurance,Companies,Will,Now,Be,Playing,on,the,Peoples,Field,medicine,medical news today,latest medical news,medical newsletters,current medical news,latest medicine news
Our Legal Cases Span the Areas of Antitrust, Commodities & Options, Consumer Protection, Civil Litigation, Class Actions, Securities Litigation, Shareholder Rights, Whistleblower and more.
Our Legal Cases Span the Areas of Antitrust, Commodities & Options, Consumer Protection, Civil Litigation, Class Actions, Securities Litigation, Shareholder Rights, Whistleblower and more.
The Noerr-Pennington doctrine, which protects the First Amendment right to petition the government, has traditionally been used to shield lobbying activity from antitrust...
Stephen Neuwirth of Quinn Emanuel Urquhart & Sullivan, in his keynote address, gave an insight into the US system of class actions in antitrust cases.
... U.S. Antitrust Review Successfully Completed Michael ... Quality Regulatory and Clinical Affairs Philip R. Lic... Planned Acquisition ...LAWRENCE Mass. Aug. 29 /- NxStage MedicalIn...,NxStage,Medical,Provides,Update,on,Medisystems,Acquisition,biological,advanced biology technology,biology laboratory technology,biology device technology,latest biology technology
The decision by Chinas top economic planner to investigate five leading foreign infant milk companies for suspected antitrust violations may be part of a broader plan to boost consumption of the local product, analysts said yesterday.
Although the Department of Transportation approved Continental Airlines request to receive antitrust immunity to coordinate with United Airlines Star Alliance in April, the Justice Department may be standing in the way.
Google on Thursday petitioned a Texas judge to ensure that the state-led probe into possible antitrust violations by the Internet search and advertising company will not compromise its confidential business information.
Brazils antitrust watchdogCade on Wednesday unanimously voted to block the purchase ofmeatpacker Mataboi Alimentos SA by JBJ Agropecuária Ltda, afurther blow to the billionaire Batista family.
American Airlines (AA) and Japan Airlines (JAL) have applied for antitrust immunity with the Department of Transportation in the USA - with the hope of
Washington, D.C. - Today, the Open Markets Institute released Volume II of Americas Concentration Crisis, which presents exclusive data on market concentration in the healthcare industry. This new data, sourced from IBISWorld, comes as the Senate Judiciary Committee prepares for a hearing on June 12 on the implications of vertical consolidation in healthcare.. "Our national healthcare debate too often misses the role of monopoly in driving up healthcare costs," says Open Markets Policy Director Phil Longman. "What this report shows is that exorbitant prices in healthcare are largely a symptom of increasingly concentrated healthcare markets and that more rigorous antitrust enforcement is essential to solving Americas healthcare crisis." This new data demonstrates how a broad range of markets in the healthcare sector, from syringe manufacturing to dialysis centers, have become increasingly monopolized over time by a handful of major players. This growing monopoly power contributes significantly ...
The Times reported incorrectly Wednesday that corporate defendants convicted in a Federal court in Baltimore of conspiring to fix retail gasoline prices were subject to penalties established by 1974 amendments to the Federal antitrust laws, and that the charges were felonies. The charges were misdemeanors, the activities having occurred before the amendments became law. ...
Through the American Antitrust Institute, Albert A. Foer argues for more enforcement of the antitrust laws, fighting mergers he believes harm competition and countering the evils of cartels.
The Massachusetts School of Law is currently unaccredited by the American Bar Association,[6] but is accredited by the New England Association of Schools and Colleges (NEASC).[7]. In 1990, the Massachusetts Board of Regents of Higher Education authorized MSL to grant the Juris Doctor degree. MSLAW subsequently applied for American Bar Association approval while filing an action in Federal Court in Philadelphia challenging some of the ABAs accreditation standards, arguing that those standards are of questionable educational value, violate antitrust laws, and needlessly increase tuition costs. MSLAW refused to comply with these standards, and the ABA refused to approve the school. As a result of its actions the MSLAW and Department of Justice filed complaints against the ABA for antitrust violations. The summary judgment dismissing the MSLAW complaint on immunity grounds was granted to the ABA on the trial level and the United States Court of Appeals for the Third Circuit affirmed in 107 F.3d ...
The Rock Center for Corporate Governance, Stanford Graduate School of Business and the Department of Justice will hold a public workshop on Feb. 12, 2020, to explore the intersection between venture capital and antitrust law. The full-day workshop will discuss trends in venture capital investment from the 1990s through present, with a focus on what antitrust enforcers can learn from investors about how to identify nascent competitors in markets dominated by technology platforms. The workshop will also address proposed solutions to concerns that competitive alternatives to the market-leading platforms are not attractive investment opportunities. For more information, please visit the event website ...
The Rock Center for Corporate Governance, Stanford Graduate School of Business and the Department of Justice will hold a public workshop on Feb. 12, 2020, to explore the intersection between venture capital and antitrust law. The full-day workshop will discuss trends in venture capital investment from the 1990s through present, with a focus on what antitrust enforcers can learn from investors about how to identify nascent competitors in markets dominated by technology platforms. The workshop will also address proposed solutions to concerns that competitive alternatives to the market-leading platforms are not attractive investment opportunities. For more information, please visit the event website ...
In a split decision, on April 28, 2017, the Court of Appeals for the District of Columbia Circuit affirmed the district courts decision to issue a permanent injunction blocking the merger of Anthem, Inc. and Cigna Corp., two of the nations largest health insurance providers. As weve previously written, in July 2016, the Department of Justice and attorneys general from multiple states sued to halt the merger pursuant to Section 7 of the Clayton Act, alleging that it would substantially lessen competition in the market for employers purchasing insurance for more than 5,000 employees ( "national accounts") in multiple states and employers purchasing insurance for more than 50 employees ("large group employers") in Richmond, Virginia. After a six-week bench trial, the district court enjoined the merger on the basis of its likely substantial anticompetitive effects in both markets.. ...
This download market dominance does provided for Internet Explorer king 9 and not. use the Gift of Lifelong Learning! With an download market dominance, you can either see a Great Course to a pirate or learned one via ado.
By analysing how regulations in Japan are coping with a system that strikingly lacks general rules on regulating public sector state aid, this chapter illustrates how sector-specific regulations (SSRs) and the Antimonopoly Law are key regulatory authorities, which, alongside the Japanese Fair Trade Commission, are seen to be both cooperating and competing. However, universal service realised by cross-subsidisation induces complicated regulations and distorts competition, as outlined in some of the cases in this chapter. Unbundling and access charge regulations also create unnecessarily complex regulations, thus resulting in SSRs increasingly adopting competition law standards recently. In the medium- and long-term, the role of the Antimonopoly Laws ex post regulation will become almost the sole regulation, even in the above-mentioned areas. Meanwhile, ex ante regulations by SSRs will remain in place to cope with exceptional issues that ex post regulations from existing competition rules are unable to
Downloadable! This paper analyzes capital market reactions to international bank M&A. We investigate combined stock return patterns of targets, bidders, and their peers upon takeover announcement, and closing or withdrawal. We distinguish five common M&A hypotheses and relate characteristic and mutually exclusive abnormal stock return patterns to each hypothesis. We find that investors believe in gains through the exploitation of market power by the post-merger entity. In a multinomial logistic model we show that patterns related to market power significantly concur with large relative target size, intra-industry mergers, and increasing market concentration, suggesting a substantial lessening of competition through M&A.
The deal that is scheduled to bring Whole Foods Market under the wings of Amazon underscores just how radically the grocery system has shifted in recent years. Depending on who you ask, the $13.7 billion deal either positions Amazon for a brilliant expansion into both bricks-and-mortar sales and grocery dominance or buys it a whole-paychecks worth of new headaches. The natural products industry is also pondering what the sale might mean. UNPA President Loren Israelsen called the acquisition "a potential game changer." In a commentary, industry consultant Michael Movitz predicts the merger will lead to efficiency gains and accelerate the cultural shift in how consumers shop for groceries. But a few observers and a congressman think the merger may violate antitrust laws. The prospect of potential impacts also sent shockwaves through the grocery industry, wreaking havoc on the stocks of retailers such as Walmart, Target, and Kroger. One analyst is proposing that Kroger should make a sweeter offer. ...
Frank Easterbrook graduated from the Law School in 1973. He was an editor of the Law Review and a member of the Order of the Coif. Before coming to the Law School, he attended Swarthmore College, where he received a degree in 1970 with high honors. He was elected to Phi Beta Kappa.. Judge Easterbrook was a law clerk to Levin H. Campbell of the US Court of Appeals for the First Circuit. He then joined the solicitor generals office, where he served first as assistant to the solicitor general and later as deputy solicitor general of the United States. He returned to the Law School in 1979. Before becoming a judge of the United States Court of Appeals for the Seventh Circuit in 1985, Judge Easterbrook was Lee and Brena Freeman Professor of Law.. Judge Easterbrook is interested in antitrust law, criminal law and procedure, and other subjects involving implicit or explicit markets. He was a member of the SECs Advisory Committee on Tender Offers in 1983. He was elected to the American Law Institute ...
The solution is to eliminate employer paid health plans, allow insurers to compete, let consumers go it alone or band together, allow hospitals to operate alone or ally with other hospitals and physicians (let them advertise their results and costs to draw customers), same for physicians - all subject only to antitrust law (means no more Partners) and fraud law, i.e., organized chaos - what made this country great. No one told Jobs to start Apple or Watson to start IBM. They have ended up with different business models but both successful. Under this regime, organizations would become lean, mean, cost-effective and capable - or die. Any subsidies would be appropriated openly, not hidden as they are now, distorting incentives. And the best set of solutions would emerge. Regulation after regulation will never do it. ...
There are more cellphones in America than people. That market saturation has led to brutal price competition, which in turn is transforming consumers costs, industry profits and antitrust law.
Im starting to think that maybe law isnt my thing. This worries me. I had dragged myself through three years of college pre-med before I realized doctors dont get Cs and Ds in organic chemistry. So I landed in law school in DC, but now instead of spending my days reading antitrust law, Im reading blogs about wine ...
New legislation to modify the Stark antitrust law to remove barriers so independent physicians can take advantage of advanced payment model opportunities provided to accountable care organizations in the Affordable Care Act has been introduced with the backing of the major organizations representing urology.
New legislation to modify the Stark antitrust law to remove barriers so independent physicians can take advantage of advanced payment model opportunities provided to accountable care organizations in the Affordable Care Act has been introduced with the backing of the major organizations representing urology.
Furthering Asbestos Claim Transparency (FACT) Act of 2013 : hearing before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the Committee on the Judiciary, House of Representatives, One Hundred Thirteenth Congress, first session, on H.R. 982, March 13, 2013 ...
Defendants counterclaims clearly meet the Ninth Circuit standard," Grewal found. "Oracles operative complaint is targeted at ensuring that hardware owners only can obtain access to Solaris updates if they also purchase support services from Oracle. Defendants counterclaims allege that this same policy constitutes copyright misuse and a violation of the antitrust laws ...
Amex has rules that bar merchants from steering their customers to a particular card perhaps by offering a discount if you use Visa and the government alleges that these rules violate antitrust law. What s this case all about? American Bankers editors discuss ...
On October 10, 2007, the Competition Bureau published a new Bulletin, together with explanatory responses to Frequently Asked Questions, regarding its Immunity Program under the Competition Act. Canada Anti-trust/Competition Law McMillan LLP 30 Oct 2007
This week saw publication of the European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017 (Regulations). Ireland Anti-trust/Competition Law Matheson 2 Mar 2017
Twenty-eight people claim in a federal antitrust lawsuit that Lyme disease victims are being forced to pay hundreds of thousands of dollars for treatment because health insurers are denying coverage with bogus guidelines established by their paid consultants, who falsely say the disease can always be cured with a month of antibiotics.. Read more ...
West Virginia will drop its appeal against last years ruling in the federal antitrust case against Microsoft Corp., at the same time settling a class action
We thought you might be interested in a short summary of a workshop the FTC recently held on the impact of certificates of public advantage on healthcare markets.  As a quick refresher, over twenty states have laws that allow the state to approve mergers, acquisitions, or other collaborations
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An EU probe would come at an awkward time for Qualcomm, which is being investigated by Chinas pricing regulator for monopoly practices.
Antitrust regulators said that Microsoft is illegally influencing retail prices for its Office 2007 programs.. The Antitrust regulators are also fining Microsoft Corp.s German subsidiary $11.8 million.. Germanys economic regulatory body, The Bundeskartellamt, said that an undisclosed retailer worked with Microsoft to set the price of Microsofts Office Home and Student 2007 software packages before the companies jointly launched an ad campaign.. "Not every contact between supplier and retailer regarding resale prices constitutes an illegal concerted practice," the German group said in the statement, but such communication cant lead to agreement about the retailers future actions. "In the present case, this boundary has been crossed.". Microsoft said that it is willing to comply with German regulations.. "We will use this case as an opportunity to review our internal commercial processes and ensure that we are in full compliance with German law," a Microsoft statement said.. ---. On the ...
CHICAGO, March 20, 2015-- A book by John Marshall Law School Professor Daryl Lim on antitrust and patent issues continues to play a role in a case before the U.S. Supreme Court, as well as garner praise from the international legal community. Professor Lims book, Patent Misuse and Antitrust: Empirical, Doctrinal and Policy Perspectives, was recently lauded in World...
The EU decision was more demanding. The legally binding concessions on the oneworld ATI, expected to be launched this Autumn, include making landing and takeoff slots available at Heathrow as part of an EU effort to expand competitors in the market to New York, Boston, Dallas and Miami. The three carriers made a 10-year commitment to sell available landing and take-off slots at London Heathrow or London Gatwick airports on routes to Boston, New York, Dallas and Miami, affording an additional 49 return flights a week between London and the four US points. They could be fined can be fined up to 10% of annual revenue if they violate their pledges.. Seven takeoff and landing slots are to be made available in London each day, including three for service between London and New York, where three slots will also be made available, if required, two in the London-Boston market and one each in the London-Miami and London-Dallas markets. Those markets are flown by 2.5 million passengers annually.. In ...
Officials said the investigation would address whether large players like American tech giants were impeding competition for European consumers.
STOCKHOLM, Sweden, Nov. 28, 2013-- Ericsson today announced that the Competition Commission of India has decided to commence an investigation of Ericsson relating to the Indian Competition Act. In March 2013, Ericsson sued the Indian company Micromax for patent infringement in Delhi High Court, India.
Proposed Maryland legislation would promote greater competition among sponsors of physician specialty certification recognized by hospitals and insurers; the US Department of Justice approves.
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Apple Inc, on trial for allegedly colluding to raise the price of e-books, said on Thursday an adverse ruling would have a chilling effect on how businesses investigate new markets.
The Illinois Supreme Court said Wednesday that the state`s hospitals are free to bargain over reimbursement rates with insurance companies, union health and welfare funds and other providers of
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PLAINTIFFS MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("APPA"), plaintiff, the United States of America ("United States"), moves for entry of the proposed Final Judgment filed in this civil antitrust proceeding.(1) The proposed Final Judgment (Attachment 1) may be entered at this time without further hearing if the Court determines that entry is in the public interest. The Competitive Impact Statement, filed by the United States in this matter on January 21, 2004, explains why entry of the proposed Final Judgment is in the public interest. In addition, the Certificate of Compliance (Attachment 2), filed by the United States in support of this motion, sets forth the steps taken by the parties to comply with all applicable provisions of the APPA and certifies that the statutory waiting period required in advance of the entry of Final Judgment has expired. I. Background On December 2, 2003, the United States ...
Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment By Kevin E. Noonan -- On Monday Ambry filed its Answer to Myriads complaint for patent infringement, and asserted patent misuse as an affirmative defense. Ambry also asked the District Court for a declaratory judgment of non-infringement and invalidity of all patents Myriad has asserted, and raised antitrust counterclaims under the Sherman and Clayton Acts. Procedurally, Ambry raised no challenge to jurisdiction or venue, but denied that the named plaintiffs are the owners or co-owners of the asserted patents, and admitted only that it provides genetic diagnostic testing services...
To filter the list of cases, select desired options from the left navigation pane. View the list of NAICS and SIC industry codes used by the Division. To view all industry codes, visit Census.gov.. ...
The amount of private antitrust litigation outside the U.S. continues to increase dramatically. This is no longer confined to the traditional jurisdictions of the UK, Germany and the Netherlands, but is now worldwide. Follow-on claims, which rely on a regulatory decision to prove an infringement, and stand-alone claims, where the infringement must be shown, are common. In the EU, virtually every cartel decision by a regulator is now followed by a damages claim from customers; and cartel damages claims are far from the only types of claim being brought.. AlixPartners Managing Director Mat Hughes discusses the key issues raised when valuing and arguing loss in private antitrust litigation outside the U.S., from both the claimants and defendants points of view.. ...
On-the-street buzz about preliminary U.S. antitrust clearance for Roches Spark Therapeutics buy didnt persuade investors to hand in their shares-so, unsurprisingly, Roche has delayed the $4.3 billion deal deadline once again. But word is the FTC could act soon, thanks to feedback from doctors that likely helped dispel the agencys antitrust concerns.
Creating a shortcut to an ftp location for automatic downloading is within range. Its the same way the old 95/98 systems were with their links in the accessories/communications were with compuserv, prodigy, and aol. There are ways around the "no browser" argument that can be implemented. The problem is, as Mike well knows, that for microsoft to include those links, it forms a quasi-endorsement of said product, which then opens a new can of worms of litigation for "application placement". I also think, the real issue isnt so much concerning the browser as it is the proprietary formats that it uses. One commenter mentioned activex. If W3 could lobby to remove the locked formats and make them open sourced, to where any browser can use items like activex, it would eliminate the need to be locked into IE. Nick, you want to keep harping on the fact that there are other ways to get browsers, but are you thinking from an end-users point of view, or a techie? Using linux as an example is not a good ...
The FTC has subpoenaed Apple looking for documents that contain agreements between Apple and Google regarding Apples mobile devices using Google services
The FTC has subpoenaed Apple looking for documents that contain agreements between Apple and Google regarding Apples mobile devices using Google services
Looking for Anti-Price Discrimination Act? Find out information about Anti-Price Discrimination Act. passed by the U.S. Congress in 1936 to supplement the Clayton Antitrust Act Clayton Antitrust Act, 1914, passed by the U.S. Congress as an amendment to... Explanation of Anti-Price Discrimination Act
Sherman Antitrust Law Violation[edit]. In 1920 the US Department of Justice brought suit against the National Linseed Oil Trust ... Moreover, in 1997, the company was fined $100 million, the largest antitrust fine in U.S. history at the time.[24] Mark ... 400 million in 2005 to settle a class action antitrust suit.[25] ... for violating the Sherman Antitrust Act. Several co-defendants ...
Antitrust law violation in Russia[edit]. Russia's antitrust body, the Federal Antimonopoly Service, claimed that Evraz Holding ... "Evraz Accused of Breaking Russian Antitrust Laws". The Oregonian. Retrieved 19 March 2013.. ... Abramovich, who is Russian Jewish, exercised his right under Israel's Law of Return, which states that Jews from anywhere in ... signed into law by President Donald Trump in 2017.[62] ... 5.5 Antitrust law violation in Russia. *5.6 Dispute with ...
"Labor's Antitrust Exemption". California Law Review. Archived from the original on 16 December 2017. Retrieved 15 December ... Jewish Law (Halakhah). Benjamin Brown, "Trade Unions, Strikes, and the Renewal of Halakhic Labor Law: Ideologies in the Rulings ... Union law varies from country to country, as does the function of unions. For example, German and Dutch unions have played a ... Under the new law, wages increases were monitored and those ruled to be unacceptably high were rolled back by the government. ...
Kattan, Joseph (1993-07-01). "MARKET POWER IN THE PRESENCE OF AN INSTALLED BASE". Antitrust Law Journal. 62 (1): 1-21. JSTOR ... Carlton, Dennis W.; Waldman, Michael (2010-04-01). "Competition, Monopoly, and Aftermarkets". Journal of Law, Economics, and ... Coppi, Lorenzo (2007). "Aftermarket monopolization: the emerging consensus in economics". The Antitrust Bulletin. 52 (1): 53. ...
"The Antitrust Laws". ftc.gov. Full text of current act, from the Legal Information Institute. Pre-Merger Review and Challenges ... The Federal Trade Commission Act, along with two other antitrust laws, were created for the sole objective to "protect the ... Winerman, Marc (2003). "The Origins of the FTC: Concentration, Cooperation, Control, and Competition" (PDF). Antitrust Law ... These acts are considered the core of antitrust laws and are still very important in today's society. This commission was ...
US antitrust law. ... and thus offended Section 1 of the Sherman Antitrust Act. The ...
"Anti-trust law. Department takes action. Alleged coal and shipping combine". The Sydney Morning Herald. 26 September 1908. p. ... commonly referred to as the Anti-trust law, which was an Act that sought to ensure freedom of trade and commerce, protection ... "a more flagrant invasion of the spheres of the domestic law of trade and commerce and the domestic criminal law can hardly be ... an express provision asserting the superiority of valid Commonwealth laws over inconsistent State laws (section 109), there was ...
2005). "Three Rules and a Constitution: Consumer Protection Finds Its Limits in Competition Policy". Antitrust Law Journal. 72 ... The seven law student volunteers (dubbed "Nader's Raiders" by the Washington press corps) began their evaluation of the FTC in ... Edward F. Cox Robert C. Fellmeth John E. Schulz Judy Areen Peter A. Bradford Andrew Egendorf William Taft IV Seven law students ... By 1980, the FTC's regulatory renaissance came to a halt when Congress shut the agency down, forcing into law measures to ...
"Anti-trust law. Department takes action. Alleged coal and shipping combine". The Sydney Morning Herald. 26 September 1908. p. ... "Anti-trust laws". The Argus. 27 April 1912. p. 9 - via National Library of Australia. Melbourne Steamship Co Ltd v Moorehead [ ... In 1926 the proposal from Prime Minister Bruce was again a compendium of measures, of which power to make laws about trusts and ... with the Campbell Royal Commission in 1919 finding that that it had ceased to operate outside the law, and the Davidson Royal ...
Appropriate Antitrust and Patent Law Remedies" (PDF). Antitrust Law Journal. 66: 441. Hovenkamp, Herbert; Janis, Mark D.; ... 303, Stanford Law School John M. Olin Program in Law and Economics. doi:10.2139/ssrn.703161. ^ 210 U.S. 405 Full text of the ...
Legislative History of the Federal Antitrust Laws and Related Statutes 23-25 (1978); 3 P. Areeda & D. Turner, Antitrust Law ¶ ... 1502, 1521, 8 L.Ed.2d 510 (1962). Muris, Timothy J. (2000). "The FTC and the Law of Monopolization". Antitrust Law Journal. 67 ... Judging unilateral conduct in this manner reduces the risk that the antitrust laws will dampen the competitive zeal of a single ... The law directs itself not against conduct which is competitive, even severely so, but against conduct which unfairly tends to ...
Leslie, Christopher R. (2011). Antitrust Law and Intellectual Property Rights: Cases and Materials. Oxford University Press. pp ... Jacobson, Jonathan M. (2007). Antitrust Law Developments. American Bar Association. p. 1162. ISBN 9781590318676. Oliver Thring ... Drug and Device Law. 14 December 2006 The FDA's Amicus Briefs on Preemption Ronald D. White for the Los Angeles Times. 21 ... The United States brought an antitrust suit against the two companies-United States v. Glaxo Group Ltd.-charging them with ...
NSW v Commonwealth (the WorkChoices case) [2006] HCA 52, (2006) 229 CLR 1. "Anti-trust law. Department takes action. Alleged ... Griffiths CJ distinguished between a law denying the capacity to enter into a contract with a law governing the validity of a ... commonly referred to as the Anti-trust law. The Act sought to ensure freedom of trade and commerce, protection from unfair ... "Anti-trust Act, power to ask questions". The Argus. 29 September 1908. p. 4 - via National Library of Australia. Cox v ...
Drawing from anti-trust/competition law; fair terms means terms which are not anti-competitive and that would not be considered ... Antitrust Law Journal. 74: 671. Microsoft Corp. v. Motorola, Inc., 696 F.3d 872, 884 (9th Cir. 2012); In re Innovatio IP ... The terms for these negotiations were set in German case law in a case regarding the Orange-Book-Standard, and these terms are ... Comparative Law and Economics of Standard-Essential Patents and FRAND Royalties, 22 TEX. INTELL. PROP. L.J. 311 (2013); Mark A ...
Seeking Consensus Reform of the Antitrust Law of Vertical Restraints". Antitrust Law Journal. 75 (2): 467-504. JSTOR 27897585. ... PSKS, the parent company of Kay's, sued charging that Leegin had violated antitrust laws when it entered into "agreements with ... v. Law Offices of Curtis V. Trinko, LLP (2004), Dr. Miles became more and more anomalous. In Leegin, the court resolved the ... v. PSKS, Inc., 551 U.S. 877 (2007), is a US antitrust case in which the United States Supreme Court overruled Dr. Miles Medical ...
A notable exception to the broad application of antitrust law came in Burton's dissent in United States v. E. I. du Pont de ... Burton's greatest contribution to Supreme Court jurisprudence came in the area of antitrust law. In American Tobacco Co. v. ... Alese, Femi (2016). Federal Antitrust and EC Competition Law Analysis. New York: Routledge. ISBN 9781138262287. Atwell, Mary ... Ross, Stephen F. (1993). Principles of Antitrust Law. Westbury, N.Y.: Foundation Press. ISBN 9781566620031. Rutkus, Denis ...
Barry Hawk (2001). International Antitrust Law & Policy. Fordham Corporate Law. p. 223. Max Kingsley-Jones (22 Jun 2007). " ...
... , 95, Is Dead; Antitrust Expert Wrote Laws Milton Handler, 95, Is Dead; Antitrust Expert Wrote Laws Columbia Law ... Antitrust Expert Wrote Laws Milton Handler, 95, Is Dead; Antitrust Expert Wrote Laws. ... Antitrust Expert Wrote Laws Milton Handler Receives the Antitrust Division's John Sherman Award The Making of the National ... Milton Handler (1903 - November 10, 1998), an American lawyer and professor of law, was considered a "leading antitrust expert ...
Only in antitrust law. You can collude all you want with a foreign government in an election. There is no such statute." ... He graduated from law school at the University of California, Hastings College of the Law, in 1980, and worked as a defense ... Three prominent election law scholars said there are at least four laws that would prohibit the sort of activities under ... He maintains his California bar license and has taught law as an adjunct professor at New York Law School and lectured at other ...
... a Columbia Law professor and antitrust expert who drafted laws that include the first Food and Drug Act, the National Labor ... External link in ,website= (help) Nasar, Sylvia (12 November 1998). "Milton Handler, 95, Is Dead; Antitrust Expert Wrote Laws ... Scholer was a graduate of New York Law School. Kaye was a graduate of Columbia Law School and an eminent banking lawyer who was ... California's state antitrust law. Helped its clients OSI Pharmaceuticals, Inc., Pfizer, Inc. and Genentech, Inc. successfully ...
"Anti-Trust Law Blog". Antitrustlawblog.com. Retrieved 6 December 2017. Jerry Frank (February 24, 2006), Stolt-Nielsen sees ... The US Supreme Court refused to hear the appeal of antitrust allegations. The decision enabled Stolt-Nielsen to petition the ... In 2007 the company voluntarily delisted from NASDAQ, and the DOJ dismissed all antitrust accusations against the company. By ... Stolt-Nielsen antitrust case limps to a close, Lloyd's List, retrieved June 16, 2013 LaRocco, 6 "Luxembourg. Jacob Stolt- ...
Antitrust Law, 2nd ed. University of Chicago Press. Preview. • D. L. Rubinfeld, 2001. "Antitrust Policy", International ... antitrust law, and, more generally, the economic governance of law in defining property rights, enforcing contracts, and ... "Delimiting Antitrust", Georgetown University Law Review, December 76, p. 303. Reprinted in Williamson (1996), The Mechanisms of ... Industrial organization has also had significant practical impacts on antitrust law and competition policy. The development of ...
Orbach, Barak; Campbell, Grace (2012). "The Antitrust Curse of Bigness". Southern California Law Review. SSRN 1856553.. ... Microsoft has been the defendant in multiple antitrust suits on strategy embrace, extend and extinguish. They settled antitrust ... Main article: Competition law. The law regulating dominance in the European Union is governed by Article 102 of the Treaty on ... Law[edit]. The examples and perspective in this section may not represent a worldwide view of the subject. You may improve this ...
Orbach, Barak; Campbell, Grace (2012). "The Antitrust Curse of Bigness". Southern California Law Review. SSRN 1856553.. ... Microsoft has been the defendant in multiple antitrust suits on strategy embrace, extend and extinguish. They settled antitrust ... Law[edit]. The examples and perspective in this section may not represent a worldwide view of the subject. You may improve this ... see Antitrust law and trust busting). Public utilities, often being naturally efficient with only one operator and therefore ...
Office of Fair Trading Kokkoris, Ioannis; Olivares-Caminal, Rodrigo (2010). Antitrust Law Amidst Financial Crises. Cambridge ...
JEL: K2 - Regulation and Business Law JEL: K20 - Geral. JEL: K21 - Antitrust Law. JEL: K22 - Corporation and Securities Law. ... JEL: K1 - Basic Areas of Law JEL: K10 - Geral. JEL: K11 - Property Law. JEL: K12 - Contract Law. JEL: K13 - Tort Law and ... JEL: K31 - Labor Law. JEL: K32 - Environmental, Health, and Safety Law. JEL: K33 - International Law. JEL: K34 - Tax Law. JEL: ... JEL: K23 - Regulated Industries and Administrative Law. JEL: K29 - Outros. JEL: K3 - Other Substantive Areas of Law ...
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litigation US antitrust law US labor law history EU competition law Interstate Commerce Act. Since the passage of the Federal ... The history of United States antitrust law is generally taken to begin with the Sherman Antitrust Act 1890, although some form ... The Antitrust Curse of Bigness, Southern California Law Review (2012). Richard Hofstadter, "What Ever Happened to the Antitrust ... The antitrust laws came to be seen by the Supreme Court as a "charter of freedom", designed to protect free enterprise in ...
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  • By a series of later laws-the Federal Trade Commission Act of 1914, the Clayton Act of 1914, and others-"dishonest trade practices," discrimination in prices, mergers of companies, and other forms of association were prohibited if they led to "substantial weakening of competition. (thefreedictionary.com)
  • The appearance and development of antitrust legislation was bound up with the growth of discontent among small and middle entrepreneurs, as well as among broad strata of the population increasingly oppressed by big capital and monopolies. (thefreedictionary.com)
  • Through these laws, bourgeois states attempt to cool down antimonopolistic struggle and plant among the masses the reformist notion that state control "eliminates" the domination of monopolies in contemporary capitalist society. (thefreedictionary.com)
  • In bourgeois economic and legal literature, antitrust legislation is frequently heralded as proof of the struggle waged by bourgeois states against monopolies and as a manifestation of so-called "regulated," or "people's," capitalism. (thefreedictionary.com)
  • Monopolies have been greatly assisted by USA courts, which by their decisions have considerably restricted the application of antitrust laws-for example, with respect to sugar, tobacco, steel, and other trusts. (thefreedictionary.com)
  • In reality, antitrust legislation is a specific manifestation of state intervention in the economy characteristic of the era of state monopoly capitalism. (thefreedictionary.com)
  • antitrust legislation also provided for the dissolution of unlawful combinations by order of the courts. (thefreedictionary.com)
  • However, monopoly capital in the USA had no difficulty in adapting to antitrust legislation-first of all, because the laws themselves contain a number of outright exceptions preventing the application of the legal norms to capitalists engaged in export trade, the transportation system, banking, and also a whole number of branches of industry (military industry, atomic energy, and others). (thefreedictionary.com)
  • The history of United States antitrust law is generally taken to begin with the Sherman Antitrust Act 1890, although some form of policy to regulate competition in the market economy has existed throughout the common law's history. (wikipedia.org)
  • It was followed by the Sherman Antitrust Act of 1890, the Clayton Antitrust Act and the Federal Trade Commission Act of 1914, the Robinson-Patman Act of 1936, and the Celler-Kefauver Act of 1950. (wikipedia.org)
  • Congress passed the Sherman Antitrust Act almost unanimously in 1890, and it remains the core of antitrust policy. (wikipedia.org)
  • The Sherman Antitrust Act (Sherman Act, 26 Stat. 209, 15 U.S.C. §§ 1-7) is a landmark federal statute in the history of United States antitrust law (or "competition law") passed by Congress in 1890 under the presidency of Benjamin Harrison. (wikipedia.org)
  • The Clayton Antitrust Act, passed in 1914, prescribes certain additional activities that had been discovered to fall outside the scope of the Sherman Antitrust Act. (wikipedia.org)
  • The federal government began filing cases under the Sherman Antitrust Act in 1890. (wikipedia.org)
  • In Dr. Miles Medical Co. v. John D. Park and Sons, 220 U.S. 373 (1911), the United States Supreme Court affirmed a lower court's holding that a massive minimum resale price maintenance scheme was unreasonable and thus offended Section 1 of the Sherman Antitrust Act. (wikipedia.org)
  • Dr Miles had ruled that vertical price restraints were illegal per se under Section 1 of the Sherman Antitrust Act. (wikipedia.org)
  • Generac then sued Caterpillar under the Wisconsin Fair Dealership Law ("WFDL"), the Sherman Antitrust Act, the Wisconsin common law concerning restrictive covenants, and the Illinois Consumer Fraud and Deceptive Business Practices Act. (wikipedia.org)
  • As Assistant Attorney General in charge of the Antitrust Division of the United States Department of Justice from 1981-1983, Baxter commanded wide public attention when in 1982 he settled a seven-year-old case against AT&T with by far the largest breakup in the history of the Sherman Antitrust Act, splitting AT&T up into seven regional phone companies. (wikipedia.org)
  • Therefore, the Exchange's action in this case violated 1 of the Sherman Antitrust Act, and the NYSE is liable to petitioners under 4 and 16 of the Clayton Act. (wikipedia.org)
  • Celler-Kefauver Act is a United States federal law passed in 1950 that reformed and strengthened the Clayton Antitrust Act of 1914 which had amended the Sherman Antitrust Act of 1890. (wikipedia.org)
  • Sherman was the principal author of the Sherman Antitrust Act of 1890, which was signed into law by President Benjamin Harrison. (wikipedia.org)
  • In a 5-4 decision it held that a tie-in sale of morning and evening newspaper advertising space does not violate the Sherman Antitrust Act, because there was no market dominance in the tying product. (wikipedia.org)
  • Since it presumed that Congress's failure to act in the years since Federal Baseball Club was an implicit expression of intent to keep baseball exempt from the Sherman Antitrust Act, it has been read as having done more to create that exemption than the older case. (wikipedia.org)
  • Kiefer-Stewart Co. v. Seagram & Sons, Inc., 340 U.S. 211 (1951), was a decision by the United States Supreme Court, which held that an agreement among competitors in interstate commerce to fix maximum resale prices of their products violates the Sherman Antitrust Act. (wikipedia.org)
  • In Federal Baseball Club v. National League (259 U.S. 200 (1922)), Oliver Wendell Holmes Jr. had written for a unanimous court that Major League Baseball was not covered by the Sherman Antitrust Act because it was not interstate commerce. (wikipedia.org)
  • Certain tying arrangements are illegal in the United States under both the Sherman Antitrust Act, and Section 3 of the Clayton Act. (wikipedia.org)
  • Judge Learned Hand's opinion is notable for its discussion of determining the relevant market for market share analysis and-more importantly-its discussion of the circumstances under which a monopoly is guilty of monopolization under section 2 of the Sherman Antitrust Act. (wikipedia.org)
  • That regime started with the Sherman Antitrust Act of 1890, the first Federal law outlawing practices considered harmful to consumers (monopolies, cartels, and trusts). (wikipedia.org)
  • Since the Sherman Antitrust Act of 1890, courts in the United States had interpreted the law on cartels as applying against trade unions. (wikipedia.org)
  • There are 4 sections of the bill that proposed substantive changes in the antitrust laws by way of supplementing the Sherman Antitrust Act of 1890. (wikipedia.org)
  • Eventually, U.S. Senator John Sherman of Ohio introduced the Sherman Antitrust Act in the United States Congress in 1890. (wikipedia.org)
  • Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886) M Dodd, 'American Business Association Law a Hundred Years Ago and Today', in 3 Law: A Century of Progress: 1835-1935 (Reppy 1937) 254, 289 In 1890, Congress passed the Sherman Antitrust Act, which criminalised cartels that acted in restraint of trade. (wikipedia.org)
  • As part of his claim against the NBA, Haywood argued that the conduct of the NBA was a "group boycott" and a violation of the Sherman Antitrust Act. (wikipedia.org)
  • The Clayton Antitrust Act was enacted in 1914 to add additional substance to U.S. antitrust law by seeking to prevent certain anti-competitive practices during their inception, and continued a regime that started with the Sherman Antitrust Act of 1890. (wikipedia.org)
  • The Clayton Act specified particular prohibited conduct, outlined specific exemptions to the law, and provided for a tri-level enforcement regimen including measure intended to remediate prohibited conduct, expanding on the consumer protections that were provided under the earlier enacted Sherman Antitrust Act. (wikipedia.org)
  • Enacted by Congress in 1890, the Sherman Antitrust Act was the first federal law that prohibited business practices that were considered to be harmful to consumers, specifically those that were deemed to reduce marketplace competition. (wikipedia.org)
  • Koh's decision followed a 10-day non-jury trial in January, and is a victory for the U.S. Federal Trade Commission, which has accused Qualcomm in 2017 of violating antitrust law. (yahoo.com)
  • On May 26, 2017 , the Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released a policy paper expressing their views on when the use of algorithms to set prices might violate U.S. antitrust law. (mondaq.com)
  • On April 3, 2017, President Trump signed into law a rare Joint Resolution of Congress under the Congressional Review Act ("CRA"), which disapproved the Broadband Privacy Rules adopted late last year by then-Chairman Wheeler's. (jdsupra.com)
  • On April 3, 2017, the President signed into law a joint resolution that eliminates rules submitted by the Federal Communications Commission (FCC) that would have required Internet Service Providers (ISPs) to get approval from. (jdsupra.com)
  • Employment Law This Week®: Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at. (jdsupra.com)
  • Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action Services for number of securities class action settlements in 2017. (yahoo.com)
  • On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International. (jdsupra.com)
  • The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. (jdsupra.com)
  • It also offers dual degree programs with the JD, such as an MBA, MPA, and PhD. In 2017 the law school was ranked No. 14 in the nation by U.S. News & World Report, and No. 12 by Above the Law Texas Law is consistently ranked among the top five public law schools in the United States. (wikipedia.org)
  • The purpose of antitrust law is to protect competition so as to enhance consumer welfare. (aans.org)
  • 2d 526 (N.D. Tex. 2014), plaintiff consumers set forth "three antitrust claims which charge [hotel chains and online travel sellers (OTSs)] with [allegedly] engaging in an industry-wide conspiracy to uniformly adopt resale price maintenance agreements containing most favored nation clauses, in an effort to eliminate price competition among hotel room booking websites. (law.com)
  • In U.S. antitrust law, the phrase "merger doctrine" is used to broadly describe the approaches that courts have taken to address mergers between corporations which might tend to reduce competition and raise prices. (wikipedia.org)
  • Advocates of strong antitrust laws argued the American economy to be successful requires free competition and the opportunity for individual Americans to build their own businesses. (wikipedia.org)
  • Leibowitz emphasized, "The law protects competition not competitors. (searchengineland.com)
  • Over the past few years, sophisticated pricing algorithms and artificial intelligence have attracted the attention of antitrust and competition enforcers. (mondaq.com)
  • Now, the FTC has taken on state CON (Certificate of Need) laws, arguing that they restrict price and non-price competition and may stifle innovation in healthcare. (lexology.com)
  • In March, we reported that the Competition Bureau of Canada (Bureau) was soliciting comments on a draft bulletin concerning requests for disclosure by plaintiffs in follow-on competition law class actions. (mondaq.com)
  • The so-called Brazilian Competition Defense System (SBDC) has been working hard to improve the Brazilian antitrust system and optimize both the analysis of highly complex merger review cases and anticompetitive practices investigations. (mondaq.com)
  • On May 15, 2018, the Argentine Federal Government published in the Official Gazette the new Competition Defense Law in Argentina, Law Number 27,442, adjourning the local legislation. (mondaq.com)
  • As noted in the earlier joint report on competition law and data by the French and German competition authorities, it will be difficult to prosecute if there is no sign of coordination. (mondaq.com)
  • The Court recognized that "when a local governmental entity acts pursuant to a clearly articulated and affirmatively expressed state policy to displace competition, it is exempt from the antitrust laws. (martindale.com)
  • If the state did not "clearly articulate and affirmatively express" a policy to displace competition, then state action immunity will not apply to shield the conduct from antitrust liability. (mondaq.com)
  • The Regulations are intended to simplify and standardise throughout the EU the rules for claiming compensation for damage suffered as a result of an infringement of EU or Irish competition law (eg, a price-fixing cartel that raised prices for customers). (mondaq.com)
  • Inclusion of provision for defendants to rely on 'pass on' defence - The Regulations provide that no compensation is available for damage from competition law infringements (eg, over-charging) that was "passed on" to customers. (mondaq.com)
  • Overall, the Regulations act as a reminder to all companies operating in Ireland that there are detailed legal rules to facilitate private competition law damages actions such that one needs to be prepared for the volume of these actions to increase in future. (mondaq.com)
  • The Financial Conduct Authority (FCA) has warned four asset management companies that they may have broken competition law by colluding on prices they agreed to pay for shares. (mondaq.com)
  • On 26 November 2014 the EU adopted a Directive on certain rules governing actions for damages under national law for infringements of competition law 1 . (mondaq.com)
  • In Courage and Crehan 2 , the highest Court of the EU ("CoJ") ruled that the right to seek compensation for loss caused by infringements of competition law rules is open to any individual. (mondaq.com)
  • By a series of later laws-the Federal Trade Commission Act of 1914, the Clayton Act of 1914, and others-"dishonest trade practices," discrimination in prices, mergers of companies, and other forms of association were prohibited if they led to "substantial weakening of competition. (thefreedictionary.com)
  • In a March Editorial piece in the Journal of European Competition Law and Practice, Lina Khan put forward some of the core tenets of the NBM, which in her view continues a political and economic tradition rooted in American republicanism and Justice Brandeis's legal philosophy. (ssrn.com)
  • For the NBM, antimonopoly includes an antitrust regime that seeks to "ensur[e] that markets [are] structured to promote openness and competition. (ssrn.com)
  • Second antitrust policy increasingly relied on an incomplete, distorted conception of competition. (ssrn.com)
  • The last 25 years have seen the rapid and strikingly global spread of competition laws, from some thirty countries that had a competition law in 1990 to more than one-hundred and thirty (130) today. (duke.edu)
  • For a long time considered a fringe topic, of interest for developing and emergent economies, the question of inequality and poverty has recently taken centre-stage in mainstream competition law scholarship in developed countries. (ssrn.com)
  • Some of this literature deplores the current state of competition law, which has largely ignored this issue, and argues for a different paradigm that would actively engage with economic inequality and its causes. (ssrn.com)
  • While thought-provoking and suggesting a variety of reforms, these studies have not so far offered a coherent theoretical argument and framework explaining why equality, and its various facets, should become a concern for competition law, and how this will interact with the existing economic efficiency- and/or consumer surplus-oriented paradigm of competition law. (ssrn.com)
  • The study then turns to the institutional question, exploring the various instruments that governments dispose in order to equalise, and the respective role of more conventional tools against inequality, such as taxation, concluding that the institutional argument against equity concerns in competition law does not stand serious scrutiny. (ssrn.com)
  • Drawing on the idea of "complex equality", it presents the contours of a fairness-driven competition law. (ssrn.com)
  • Take away the notion that anti-trust rules are making Moto violate anti-trust laws, and all you have is some recent news that nut just rivals (such as Apple), but also courts (Karlsruhe) and regulatory agencies (Dept of Justice and EU Competition Commission) are attacking Motorola's FRAND abuse by name. (techdirt.com)
  • Hong Kong competition law / Conor Quigley QC, Suzanne Rab and contributors. (osu.edu)
  • On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. (jdsupra.com)
  • There are some important reasons why low- and middle-income countries (LMICs) may choose to make greater use of competition law and policy to reduce the cost of treatment. (ssrn.com)
  • First, multilateral trade rules allow substantial flexibility in the development and application of competition law and policy, taking into account different perspectives and approaches in this field that can and do shift over time. (ssrn.com)
  • The increased use of competition law and policy is not without its challenges. (ssrn.com)
  • This guidebook includes five chapters, each of which addresses a different aspect of the competition law environment and framework. (ssrn.com)
  • The objectives of competition law vary: promoting consumer welfare, increasing access to important commodities or as an industrial policy objective to increase local participation in a sector. (ssrn.com)
  • Dentons is pleased to announce the launch of our global COVID-19 Competition Law Measures Tracker that provides a review of the measures taken by competition authorities in response to the global pandemic. (jdsupra.com)
  • Section on the Economic Foundations of EU competition law contributed by Julia Dietrich. (informindia.co.in)
  • Liège) gave a very dynamic and lively talk about the interface between competition law and IP rights. (blogspot.com)
  • detailed and innovative, it is download european competition law annual 2008 antitrust settlements under from online ebook to same items within the file of poor disbarments. (metalcab.com)
  • The download european competition law annual 2008 antitrust settlements under ec on jS is dynamically advised, read down into an g of biliary data, added with Just chosen links. (metalcab.com)
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  • commenting download european competition law will use you certain award and primary success to your Internet's complicated damals for guides including at the request of books Operations( OHO). (metalcab.com)
  • Modern antitrust and competition law relies extensively on the firm as defined by Ronald Coase: a hierarchy reducing transaction costs thanks to vertical control, where such control defines the firm's boundaries. (ssrn.com)
  • The absence of vertical control to direct the resources holds antitrust and competition in check. (ssrn.com)
  • Antitrust and competition law becomes applicable again as the nucleus serves as the basis for the definition of the relevant market and market power, the assessment of practices' legality, and liability assignment. (ssrn.com)
  • Bork argues that the original intent of antitrust laws as well as economic efficiency makes consumer welfare and the protection of competition, rather than competitors, the only goals of antitrust law. (wikipedia.org)
  • 7 Journal of Competition Law & Economics (133). (wikipedia.org)
  • The Act, signed into law by Woodrow Wilson in 1914, outlaws unfair methods of competition and outlaws unfair acts or practices that affect commerce. (wikipedia.org)
  • The Federal Trade Commission Act, along with two other antitrust laws, were created for the sole objective to "protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up. (wikipedia.org)
  • Industrial organization has also had significant practical impacts on antitrust law and competition policy. (wikipedia.org)
  • Focus: antitrust matters and competition law. (wikipedia.org)
  • Antitrust and the Stock Exchange: Minimum Commission or Free Competition? (wikipedia.org)
  • The Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights is one of six subcommittees within the Senate Judiciary Committee. (wikipedia.org)
  • and Oversight of antitrust and competition policies of the Federal Trade Commission. (wikipedia.org)
  • In Collins, Wayne D. Issues in Competition Law and Policy, Volume II. (wikipedia.org)
  • British Valve Association Business oligarch Central bank Collusion Competition law Competition regulator Content cartel De Beers Drug cartel Dairy cartel Economic regulator Industrial organization Maple Syrup cartel Monopsony Organized crime Phoebus cartel (1925-1955), for light bulbs Robber baron Standard Oil State cartel theory Tacit collusion Trust Zaibatsu Bishop, Simon and Mike Walker (1999): The Economics of EC Competition Law. (wikipedia.org)
  • He also currently serves on the International Committee of the Institute of Competition Law. (wikipedia.org)
  • In the 1990s and 2000s so far, the law has developed in various areas including competition and anti-trust law but also in the areas as safety, the environment, ports and employment. (wikipedia.org)
  • One of the most controversial topics is the application of competition law to maritime transport and, in particular, liner conferences. (wikipedia.org)
  • Competition law is the set of legal rules designed to ensure freedom or rivalry in the marketplace. (wikipedia.org)
  • Shaping the Future of Competition and Consumer Law and Policy, an online brochure, lists the antitrust- and consumer protection-focused courses offered at Loyola University Chicago School of Law, detailed descriptions of the Student Fellow and Senior Research Fellow programs, and also chronicles the Institute's involvement with the local and international competition communities. (wikipedia.org)
  • The Institute promotes the study and discussion of consumer and competition law issues through its Student Fellowship Program, which began in January 2001. (wikipedia.org)
  • Fellows attend all Institute events as well as special programs designed to inform them of current topics of interest in competition law, practice and policy. (wikipedia.org)
  • Loyola's Institute for Consumer Antitrust Studies now offers online Master of Jurisprudence and Master of Laws degree programs in Global Competition Law, featuring a comprehensive curriculum, exceptional faculty and a flexible structure. (wikipedia.org)
  • Over 130 jurisdictions around the world enforce some form of competition law that prohibits cartels and other agreements to harm competition and consumers. (wikipedia.org)
  • Competition law also prevents monopolization or abuse of a dominant position, and anticompetitive mergers and acquisitions. (wikipedia.org)
  • Loyola's new online LLM and MJ programs offer professionals around the globe who are working in government, the private sector, or academia the opportunity to strengthen their skills and knowledge of competition law through flexible part-time online programs. (wikipedia.org)
  • Japanese competition law consists of the Antimonopoly Act (独占禁止法, Dokusen Kinshihō, "AMA"), officially the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (私的独占の禁止及び公正取引の確保に関する法律, Shiteki-dokusen no Kinshi oyobi Kōseitorihiki no Kakuho ni Kansuru Hōritsu, Act (wikipedia.org)
  • MacArthur's AMA, which is still Japan's fundamental competition law, generalised prohibitions against three types of anticompetitive conduct. (wikipedia.org)
  • In addition to federal laws, each state has its own unfair competition law to prohibit false and misleading advertising. (wikipedia.org)
  • In California, one such statute is the Unfair Competition Law [hereinafter "UCL"], Business and Professions Code §§ 17200 et seq. (wikipedia.org)
  • A 1933 amendment expanded the law to prohibit "any person [from] performing an act of unfair competition. (wikipedia.org)
  • The essential facilities doctrine (sometimes also referred to as the essential facility doctrine) is a legal doctrine which describes a particular type of claim of monopolization made under competition laws. (wikipedia.org)
  • Competition law Essential patent Abbott B. Lipsky, Jr. & J. Gregory Sidak, Essential Facilities, 51 Stan. (wikipedia.org)
  • Kauper's more recent work focuses on European Union antitrust and competition law. (wikipedia.org)
  • Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy. (wikipedia.org)
  • Dentons has been named Innovator of the Year at the Lawyers Weekly Australian Law Awards 2018. (dentons.com)
  • Carrier, Michael A., Antitrust in the Pharmaceutical Sector: An Overview of U.S. Case Law (October 18, 2018). (ssrn.com)
  • On October 16, 2018, The Administrative Council for Economic Defense ("CADE") released the final version of the Antitrust Remedies Guide. (mondaq.com)
  • NEW YORK , Jan. 3, 2019 /PRNewswire/ -- Rosen Law Firm, a global investor rights law firm, reminds purchasers of the securities of Aphria Inc. ( APHA ) from July 17, 2018 through December 4, 2018 , inclusive (the "Class Period") of the important February 4, 2019 lead plaintiff deadline in the class action. (yahoo.com)
  • We will use this case as an opportunity to review our internal commercial processes and ensure that we are in full compliance with German law," a Microsoft statement said. (redorbit.com)
  • Japan's antitrust regulatory agency just wrapped up an investigation into Apple , and in order to ensure its compliance with the country's antitrust rules, the company will change the sales contracts it has with three of Japan's major mobile service providers. (engadget.com)
  • Environment & Safety Resource Center™ combines powerful, easy-to-use compliance tools, auditing software, and analysis with continuously updated federal and state laws, regulations, and documents. (bna.com)
  • The Regulations are stated to be effective (retrospectively) from 27 December 2016, the deadline for compliance with Ireland's EU law obligation to transpose the Directive. (mondaq.com)
  • Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements. (jdsupra.com)
  • Preemption should not occur "simply because in a hypothetical situation a private party's compliance with the statute might cause him to violate the antitrust laws. (wikipedia.org)
  • Focus: cross-border corporate law and governance matters and the Foreign Corrupt Practices Act compliance investigations. (wikipedia.org)
  • Our premise was simple: In a time when the purpose and future of antitrust is again an important topic of political discourse, we need to understand what antitrust enforcers can do today with the laws that exist right now. (benton.org)
  • Some suggest that antitrust enforcers should exercise regulatory humility - that is to say - to recognize the limits of regulatory action. (benton.org)
  • And I certainly believe that antitrust enforcers should understand the limits of their knowledge. (benton.org)
  • If it merely redistributes wealth, for instance, between employers and employees, this is not an issue of concern for antitrust enforcers or courts. (mondaq.com)
  • WASHINGTON The maker of a hormone-replacement drug gained a monopoly and violated antitrust laws by paying three generic drug makers to delay release of their own versions, the Federal Trade Commission alleges in a suit. (drugstorenews.com)
  • When China enacted its Anti-Monopoly Law (AML) in 2007, some called it "China's Economic Constitution," anticipating that it would serve as the statutory basis for fundamental market-based reform of China's economy. (mondaq.com)
  • A win for Apple could shield such companies from further monopoly claims and suits involving other alleged antitrust violations. (justia.com)
  • In reality, antitrust legislation is a specific manifestation of state intervention in the economy characteristic of the era of state monopoly capitalism. (thefreedictionary.com)
  • However, monopoly capital in the USA had no difficulty in adapting to antitrust legislation-first of all, because the laws themselves contain a number of outright exceptions preventing the application of the legal norms to capitalists engaged in export trade, the transportation system, banking, and also a whole number of branches of industry (military industry, atomic energy, and others). (thefreedictionary.com)
  • He further emphasizes that a source of misunderstanding between lawers and scholars on both fields lies in the different use of the word "monopoly" in IP and antitrust law. (blogspot.com)
  • Earlier in his career, he spent one year on the majority staff of the Subcommittee on Antitrust and Monopoly of the U.S. Senate Committee on the Judiciary, which was chaired by Senator Philip A. Hart. (wikipedia.org)
  • Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. (findlaw.com)
  • Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world. (dentons.com)
  • Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, S o Paulo and Vit ria. (mondaq.com)
  • The authors of the Blog are attorneys in the law firm of Young Conaway Stargatt & Taylor, LLP, and the views expressed by one or more of the authors, including comments posted by registered visitors, solely reflect the opinions of those authors and not those of the firm or its clients. (delawareiplaw.com)
  • He is currently a partner at a Chicago law firm. (jdsupra.com)
  • of Rosen Law Firm toll free at 866-767-3653 or via e-mail at [email protected] or [email protected] . (yahoo.com)
  • Jones Day is a global law firm with 43 offices in major centers of business and finance throughout the world. (jonesday.com)
  • In the 1950s, he became a partner in the New York law firm, Kaye, Scholer, Fierman, Hays & Handler where he represented corporations such as Xerox, Pepsico, the American Tobacco Company and Texaco. (wikipedia.org)
  • He graduated from law school at the University of California, Hastings College of the Law, in 1980, and worked as a defense attorney for several years in San Francisco with the firm of Gordon & Rees LLP. (wikipedia.org)
  • Kaye Scholer was a law firm founded in 1917 by Benjamin Kaye and Jacob Scholer. (wikipedia.org)
  • In late 2016, Kaye Scholer voted to merge with Washington D.C.-based law firm Arnold & Porter, to create a $1bn+ sized multinational firm with a large offering both in the US and internationally. (wikipedia.org)
  • Harris is a founding member of the Seattle-based international law firm of Harris Bricken. (wikipedia.org)
  • Eklund joined law firm Calfee, Halter & Griswold in 1980, and became a partner in 1988. (wikipedia.org)
  • Antitrust can solve this problem by using some measure of average cost, not the actual market price, as the baseline for the question whether a merger would allow the merged firm to increase price. (wikipedia.org)
  • Redcliffe Partners LLC is a Ukrainian law firm that provides legal advice to multinational companies, investors, financial institutions and project developers that operate or invest in Ukraine and the CEE. (wikipedia.org)
  • The firm is recommended for Banking and Finance, Capital Markets, Corporate law, M&A and Debt restructuring by all international legal directories including the IFLR 1000, the Legal 500, the Chambers Europe and Chambers Global. (wikipedia.org)
  • Redcliffe is a Ukrainian law firm that was launched as a new brand on the Ukrainian legal market in December 2015 as a result of the transformation of Clifford Chance Kyiv office. (wikipedia.org)
  • Since leaving active politics, Zeil has been working with Munich-based law firm SLB Kloepper Rechtsanwälte. (wikipedia.org)
  • In addition to teaching, Professor Waller practiced with the United States Department of Justice Antitrust and Criminal Divisions and with the Chicago law firm of Freeborn & Peters. (wikipedia.org)
  • Seymour served for many years as the managing partner of the law firm Simpson Thacher & Bartlett. (wikipedia.org)
  • She worked for the Judiciary Circuit, and left the state attorney's office in 1976 to become a partner in a private law firm, Steel, Hector & Davis. (wikipedia.org)
  • He started his law career in New York with the firm now called Cravath, Swaine & Moore, where he met his future partner Lloyd N. Cutler. (wikipedia.org)
  • Attorney Co-Founded D.C. Firm Firm Mourns Loss of John H. Pickering Commemoration and Dedication, Lloyd N. Cutler and John H. Pickering, Wilmer Cutler Pickering Hale and Door LLP, Sept. 6, 2006 Washington Lawyer (magazine published by D.C. Bar), May 2005, "John Pickering Dies" University of Michigan Law Quadrangle Notes on Frank Murphy. (wikipedia.org)
  • The prior program was unnecessarily rigid and inflexible in this respect, but the new Bulletin recognizes that an applicant may be required by law in another jurisdiction to disclose a grant of immunity, and provides a procedure for balancing investigative requirements with other legal obligations of the applicant. (mondaq.com)
  • The U.S. Court of Appeals for the 11th Circuit affirmed that state action immunity applied to shield the transaction from antitrust liability. (mondaq.com)
  • The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance. (jdsupra.com)
  • The drugmakers said their deal, settling a patent infringement suit GSK filed against Teva over its attempt to produce a generic form of the anti-seizure medication, did not run afoul of antitrust laws because, contrary to the indirect purchasers' allegations, the settlement included no 'reverse payment' from the. (law360.com)
  • Another law protects city governments from liability in antitrust suits. (csmonitor.com)
  • The North Carolina Dental Board decision left thousands of practicing healthcare professionals exposed to antitrust liability if they made up majorities of state boards that had exclusionary power. (lexology.com)
  • The Noerr-Pennington doctrine, which protects the First Amendment right to petition the government, has traditionally been used to shield lobbying activity from antitrust liability, even when such activity's intent is to harm a competitor. (jdsupra.com)
  • The U.S. District Court for the Middle District of Georgia denied the FTC's motion for preliminary injunction and granted respondents' motion to dismiss, holding that the respondents were immune from antitrust liability under the state action doctrine. (mondaq.com)
  • A tort, in common law jurisdictions, is a civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. (wikipedia.org)
  • While many torts are the result of negligence, tort law also recognizes intentional torts, where a person has intentionally acted in a way that harms another, and in a few cases (particularly for product liability in the United States) "strict liability" which allows recovery without the need to demonstrate negligence. (wikipedia.org)
  • Turkish electricity markets has gone through a series of reforms since 2001 when the Electricity Market Law numbered 4628 was enacted. (mondaq.com)
  • But as part of the recent conversation over the direction of antitrust law and the continued appropriateness of the consumer welfare standard, the debate has turned to whether the antitrust agencies are paying enough attention to monopsony issues. (mondaq.com)
  • Four oft-cited economic goals (ensuring an effective competitive process, promoting consumer welfare, maximizing efficiency, and ensuring economic freedom) never unified antitrust analysis. (ssrn.com)
  • The Antitrust Paradox has shaped antitrust law in several ways, prominently by focusing the discipline on efficiency and articulating its goal as "consumer welfare. (wikipedia.org)
  • One of the key criticisms focuses on Bork's use of the term "consumer welfare," which became the stated goal of American antitrust law. (wikipedia.org)
  • The Member States must transpose the Directive's provisions into their own legal systems and, thus, adopt relevant national laws by the 27 December 2016. (mondaq.com)
  • Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off. (jdsupra.com)
  • 8 The Court later set aside the statute's plain meaning 9 and seized upon the statute's use of common-law language to derive a common-law "rule of reason" prohibiting only those agreements that "unreasonably"restrained trade. (yalelawjournal.org)
  • PSKS, the parent company of Kay's, sued charging that Leegin had violated antitrust laws when it entered into "agreements with retailers to charge only those prices fixed by Leegin. (wikipedia.org)
  • The conference, which was sponsored by the Washington College of Law at American University and the Washington Center for Equitable Growth , featured nine presentations from a series of extraordinarily-distinguished economists and lawyers. (benton.org)
  • When one thinks of technological advances that have forced antitrust lawyers to think about market definition differently, Amazon's rise to power is perhaps the most obvious example. (jdsupra.com)
  • Influential decision in the development of the law of patent-eligibility (Invalidating method claims for "abstract idea", where steps of method not tied to particular machine). (wikipedia.org)
  • The amendment provides welcome clarity in specifying that it is communications with respect to acquisitions under Indian securities laws that would trigger a filing with the CCI and not communications with any Statutory Authority (which could theoretically have included the Reserve Bank of India, or even authorities that received joint proposals for tenders floated etc. (mondaq.com)
  • as a journalist he specialized in securities and antitrust law. (wikipedia.org)
  • Specifically, the court in United States of America and State of New York v. Twin America , Civil Action No. 12-cv-8989 (ALG)(GWG) (S.D.N.Y. March 18, 2015), approved a final judgment (and competitive impact statement) settling an antitrust lawsuit. (law.com)
  • Many of the European Union's claims appear in a landmark antitrust lawsuit AMD filed against Intel in 2005 that is now in the document-swapping legal stage known as discovery. (thestar.com)
  • Antitrust- Washington Attorney General Files Antitrust Lawsuit Against Health Care Providers Over Alleged Price-Fixing- Washington AG Bob Ferguson filed a lawsuit against health care providers Franciscan Health System. (jdsupra.com)
  • In 2012, The MRIS was hit with an antitrust lawsuit by the American Home Realty Network, alleging that MRIS and NorthStar MLS were concerting an anti-competitive group boycott of American Home Realty Network. (wikipedia.org)
  • Through the antitrust lawsuit the American Home Realty Network was seeking damages and injunctive relief to bar MRIS and Northstar MLS from further predatory conduct and to "prevent harm to consumers in the market for residential real estate brokerage services. (wikipedia.org)
  • But when that intent and the consequent dangerous probability exist, this statute, like many others and like the common law in some cases, directs itself against that dangerous probability as well as against the completed result. (wikipedia.org)
  • In 1899, Delaware followed New Jersey's lead with the enactment of an enabling corporate statute, but Delaware only became the leading corporate state after the enabling provisions of the 1896 New Jersey corporate law were repealed in 1913. (wikipedia.org)
  • Since its inception, the FTC has enforced the provisions of the Clayton Act, a key antitrust statute, as well as the provisions of the FTC Act, 15 U.S.C. § 41 et seq. (wikipedia.org)
  • Section of Antitrust Law (1999). (wikipedia.org)
  • Prior to his appointment as Commissioner, Kovacic was the E.K. Gubin Professor of Government Contracts Law at George Washington University Law School, where he began teaching in 1999. (wikipedia.org)
  • Thomas A. Dickerson reviews recent antitrust class actions involving the travel industry brought by or against airlines, in-flight Internet providers, hotels, tour bus companies, ride-sharing companies and online travel sellers and involving various types of alleged marketing misconduct such as resale price maintenance, parallel business behavior, misleading and unfair price guarantees, elimination of competitors and unfairly raising prices, substantial market foreclosures and price fixing. (law.com)
  • In a recent decision, the Seventh Circuit affirmed a district court's dismissal of an antitrust suit, holding that the Noerr Pennington doctrine protected the defendant hospital's deceitful and objectionable tactics employed in lobbying to prevent the construction of a competing medical facility. (jdsupra.com)
  • THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington. (jdsupra.com)
  • Weekly Brief: Google Antitrust Suit? (jdsupra.com)
  • United States Steel Corporation, which was much larger than Standard Oil, won its antitrust suit in 1920 despite never having delivered the benefits to consumers that Standard Oil did. (wikipedia.org)
  • He refused to report and instead filed suit, arguing the reserve clause was a restraint of trade and that baseball should not be exempt from antitrust laws. (wikipedia.org)
  • The US Justice Department's Antitrust Division brought suit under section 1 of the Sherman Act and section 3 of the Clayton Act to enjoin Standard from entering into or enforcing these exclusive contracts. (wikipedia.org)