Chapter 16 Business Law

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Predatory pricing

involves a company charging below cost prices to drive competition out of business.

Exemptions from the antitrust laws

labor, agricultural associations, insurance, foreign trade, professional baseball, certain oil marketing by states, cooperative research and production, lobbying and state actions.

Section 1 of the Sherman Act

makes it illegal for two or more companies to combine in some way to restrain trade

In economic terms, monopoly means

one seller

Clayton Act of 1914

provides further clarification and substance to the Sherman Antitrust Act of 1890.

Section 2 of the Sherman Act

refers to attempts to monopolize

In legal terms, monopoly refers to

the ability of a company to control supply or dictate price

Sherman Antitrust Act of 1890

to curb concentrations of power that interfere with trade and reduce economic competition.

Tying arrangements

when a company with a monopoly in one product requires buyers to buy a product in which the company does not have monopoly power. By tying the two products together, the company achieves monopoly power for both products and restricts competition.

Exclusive dealing contracts are

where a seller forbids a buyer from purchasing and selling products of its competitor.

U. S. Antitrust Laws apply

worldwide

True

(T/F)It is not against the law to be a monopoly. It is only against the law to obtain or maintain monopoly power in an illegal manner.

70

A company with more than ____% market share probably possesses sufficient monopoly power to cause a concern even though there may be numerous other competitors.

the Department of Justice and the Federal Trade Commission.

Antitrust laws are enforced by

companies in different markets or product lines

Conglomerate mergers occur among

where two or more companies agree to refuse to deal with a company for the purpose of eliminating competition or preventing entry into the market.

Group boycotts is

companies dividing up the territory in which they compete. This could be along geographical boundaries or along product lines

Horizontal market divisions involve

among companies at the same level

Horizontal mergers occur

restraints on trade between companies at the same level (i.e. manufacturer, wholesaler, retailer, etc.)

Horizontal restraints are

price fixing, group boycotts, horizontal market divisions, trade associations and joint ventures.

Horizontal restraints include

acts taken by companies that automatically violate the law regardless of the defense or reason for the act

Per se violations of the Antitrust laws are

where two or more companies agree to charge the same price for their products or services.

Price-fixing is

a manufacturer from forcing a retailer to sell their products at a given price

Resale Price Maintenance Agreements prevents

those acts that given the negative effect on competition violate antitrust laws.

Rule of reason violations are

a manufacturer tries to restrict or prevent wholesalers or retailers from selling products to certain buyers

Territorial or customer restrictions violate antitrust laws if

interlocking directorates

This prevents a person from serving on the board of directors of competing companies.

among companies at different levels of the production stage

Vertical mergers occur

companies at different levels (e.g. wholesaler and retailer, manufacturer and wholesaler).

Vertical restraints are between

territorial or customer restrictions, resale price maintenance agreements, vertical price fixing, and refusals to deal.

Vertical restraints on trade include

from the legislation passed in the late 19th century to curb the abuses of the oil trusts, particularly the Standard Oil Trust.

Where did the term Antitrust come from?

price discrimination

charging buyers different prices for the same goods


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