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Anti-trust
Question | Answer |
---|---|
What Does Section 2 of the Sherman Act Ban? | bans “monopolization”—the wrongful acquisition of a monopoly. |
What does section 1 of the Sherman Act ban? | prohibits all agreements “in restraint of trade.” |
What does the Robinson-Patman Act ban? | Bans bans price discrimination that reduces competition |
What does the Clayton Act Prohibit? | prohibits anticompetitive mergers, tying arrangements, and exclusive dealing |
What is the purpose of the Clayton Act? | (1914) To further define the Sherman Act (close loopholes). |
Violations of the antitrust laws are divided into two categories | per se ; rule of reason. |
Points of per se | • Automatice violations • can't defend by saying, “impact wasn't so bad”, “No one was hurt.” • defendants subject to both criminal and civil penalties. • Typically, the Justice Department has sought criminal sanctions only against per se violators. |
Points of rule of reason | Illegal only if anticompet impact. They consider circumstances, intent, impact to see if activity is unreasonable restraint of trade; If competitors agree to not deal with supplier, is illegal only if it harms comp. Tho Violators subject to civil pen/su |
Who has the authority to enforce antitrust laws? | Both the Justice Department and the Federal Trade Commission (FTC) |
Which is the only department theat can bring criminal proceedings in an antitrust case? | Justice Department |
two approaches managers typically consider in developing a competitive strategy | Cooperative strategies / Aggressive strategies |
Definition - Cooperative strategies | allow companies to work together to their mutual advantage |
Definition - Aggressive strategies | designed to create an advantage over competitors |
Three types of cooperative strategies that are potentially illegal: | Horizontal Cooperative Strategies Vertical Cooperative Strategies Mergers and Joint Ventures |