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ANTITRUST

ANTITRUST. Music: Isaac Albeniz, Works for Piano (1889-1909) Performed by Alicia de Larrocha (1959) Today’s Class: Introduction to the Course Generally Mechanics Themes Introduction to the Antitrust Laws Passage of the Statutes Practices & Concepts Covered in the Course

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ANTITRUST

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  1. ANTITRUST • Music: Isaac Albeniz, Works for Piano (1889-1909) • Performed by Alicia de Larrocha (1959) • Today’s Class: • Introduction to the Course • Generally • Mechanics • Themes • Introduction to the Antitrust Laws • Passage of the Statutes • Practices & Concepts Covered in the Course • Enforcement: Possible Goals & Brief History

  2. 1. Introduction to the Course • Generally: Competition Stories v. Monopoly Stories • Mechanics • Themes

  3. 1. Introduction to the Course • Generally: Comp. Stories v. Monopoly Stories • Mechanics: Classroom & Preparation • Basic Theory: MAF as 3L • Course Page • Reading • Lectures • Discussion Problems • Themes

  4. 1. Introduction to the Course • Generally: Comp. Stories v. Monopoly Stories • Mechanics: Graded Work • Project • Exam • Grading Contract • Themes

  5. 1. Introduction to the Course • Generally: Comp. Stories v. Monopoly Stories • Mechanics: • Themes • Lawyers as Engineers of Social Change • Use of Economics in Legal Argument • Conducting Complex Civil Litigation

  6. 2. Introduction to the Antitrust Laws • Passage of the Statutes • Text of the Sherman Act • Background to Passage: US in 1890 • Passage of the Clayton Act & FTC Act • Practices/Concepts Covered by the Course • Enforcement: Goals & Brief History

  7. 15 USC §1. Trusts, etc., in restraint of trade illegal; penalty. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony…

  8. 15 USC §2. Monopolizing trade a felony; penalty. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony….

  9. 2. Introduction to the Antitrust Laws • Passage of the Statutes • Text of the Sherman Act • Background to Passage: • US in 1890: End of the Frontier • Productivity Gains & Business Cycles • Stated Purposes of Sherman Act • Passage of the Clayton Act & FTC Act • Practices/Concepts Covered by the Course • Enforcement: Goals & Brief History

  10. End of the Frontier Oklahoma Territory Created Idaho & Wyoming Admitted to Union Battle of Wounded Knee in S.Dakota; Sitting Bull killed; Cattlemen & sheepherders begin fighting b/c of lack of range space New Industrial World Around the World in 72 Days US has 125,000 miles of RR in operation First electric underground railway opens in London First female staffer in theWhite House 1890: Seeds of the Modern World

  11. Aluminum saucepan Army-Navy football Corrugated cardboard box Daimler Motorworks Emily Dickinson’s Poems EverReady Batteries Electric chair Peanut butter Poll Tax and Literacy Tests Rock Creek Park, Yosemite & Sequoia Natl Parks Sunoco Tetanus & Diptheria Antitoxins US Weather Bureau Cy Young Introduced in 1890

  12. Born in 1890 • Agatha Christie • Charles deGaulle • Marjory Stoneman Douglas • Dwight David Eisenhower • Rose Fitzgerald Kennedy • Groucho Marx • Ho Chi Minh

  13. 2. Introduction to the Antitrust Laws • Passage of the Statutes • Text of the Sherman Act • Background to Passage: • US in 1890: End of the Frontier • Productivity Gains & Business Cycles • Stated Purposes of Sherman Act • Passage of the Clayton Act & FTC Act • Practices/Concepts Covered by the Course • Enforcement: Goals & Brief History

  14. 2. Introduction to the Antitrust Laws • Passage of the Statutes • Text of the Sherman Act • Background to Passage: • US in 1890: End of the Frontier • Productivity Gains & Business Cycles • Stated Purposes of Sherman Act • Passage of the Clayton Act & FTC Act • Practices/Concepts Covered by the Course • Enforcement: Goals & Brief History

  15. Stated Purposes of the Sherman Act • stop theft (high prices) • break power of trusts: better off w small businesses • federalize common law of competition

  16. Stated Purposes of the Sherman Act • stop theft (high prices) • break power of trusts: better off w small businesses • federalize common law of competition • Some see as empty political move

  17. 2. Introduction to the Antitrust Laws • Passage of the Statutes • Text of the Sherman Act • Background to Passage: US in 1890 • 1914: Passage of the Clayton Act & FTC Act • Practices/Concepts Covered by the Course • Enforcement: Goals & Brief History

  18. 2. Introduction to the Antitrust Laws • Passage of the Statutes • Practices/Concepts Covered by the Course • Enforcement: Goals & Brief History

  19. SHERMAN ACT §1(1) CONCERTED ACTION(2) RESTRAINT OF TRADE

  20. SHERMAN ACT §1(1) CONCERTED ACTION(2) RESTRAINT OF TRADE - Per Se Rule- Rule of Reason

  21. HORIZONTAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • CONCERTED REFUSALS TO DEAL

  22. HORIZONTAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • CONCERTED REFUSALS TO DEAL

  23. HORIZONTAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • CONCERTED REFUSALS TO DEAL

  24. HORIZONTAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • CONCERTED REFUSALS TO DEAL • NAKED BOYCOTT • JOINT VENTURES

  25. VERTICAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • SALES ENHANCEMENT

  26. VERTICAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • SALES ENHANCEMENT

  27. VERTICAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • SALES ENHANCEMENT

  28. VERTICAL RESTRAINTS • PRICE-FIXING • MARKET DIVISION • SALES ENHANCEMENT

  29. ABUSE OF DOMINANT POSITION • (ATTEMPTED) MONOPOLIZATION • TYING

  30. ABUSE OF DOMINANT POSITION • (ATTEMPTED) MONOPOLIZATION • MARKET POWER • CONDUCT • TYING

  31. ABUSE OF DOMINANT POSITION • (ATTEMPTED) MONOPOLIZATION • TYING

  32. MERGERS • HORIZONTAL • VERTICAL • CONGLOMERATE

  33. MERGERS • CLAYTON ACT §7 • HART-SCOTT-RODINO

  34. Recurring Concepts • Defining Market/Market Power • Per Se Rule v. Rule of Reason (§1 Only)

  35. 2. Introduction to the Antitrust Laws • Passage of the Statutes • Practices/Concepts Covered by the Course • Enforcement: Goals & Brief History

  36. Possible Goals • Balance Allocative & Productive Efficiency • Protect Small Businesses • Concern re Survival: “Right” to Profit • Concern re Concentrated Political Power • Distributive Justice: Prevent Overcharges to Consumers • Business Ethics: Outlaw Offensive Commercial Practices

  37. Enforcement History Prior to WWII: Not lots of enforcement or caselaw 1945-75: Anti-big business tilt; heyday of per se rule & merger enforcement. 1975-1992: SCT & fedl govt move to positions of conservative economists 1992-PRESENT: more complex; SCt & agencies

  38. SCOPE & ENFORCEMENT • The Reach of the Antitrust Laws • Public Enforcement • Private Enforcement • Relation Between Procedure & Substance • Conduct of Large Private Civil Lawsuit

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