BLAW 430 Lecture Notes - Lecture 6: Federal Trade Commission Act Of 1914, Robinson–Patman Act, Clayton Antitrust Act
Document Summary
Rules applied by the courts to determine whether certain behavior is anticompetitive: Per se rule : certain conduct is considered so harmful to competition that it is automatically illegal. All the plaintiff must prove is that the conduct occurred. Rule of reason : the courts balance the anticompetitive effects against the procompetitive effects; a practice is deemed illegal if it significantly restricts competition and has no overriding business justification. Quick look test: certain behavior is presumed to be anticompetitive, the burden then. If the defendant does so, the activity is judged under the rule of reason . Ig the shifts to the defendant to prove pro-competititveness defendant cannot do so, it is per se illegal. Federal trade commission act, passed in 1914. To protect the marketplace from unfair methods of competition. To prevent unfair or deceptive practices that harm consumers. Gave the ftc the power to enforce the sherman act and the clayton act.
