LEGL 2700 Lecture Notes - Lecture 16: Treble Damages, Clayton Antitrust Act, Predatory Pricing

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Chapter 16 | Antitrust Law (Lecture)
Executive | Legislative | Judiciary <-- S.E.C.
Antitrust: preserving competition in markets
(consumers are getting fair prices in numerous
markets)
Sherman Act (1890)
o Prohibitions:
Section 1: Contracts, combinations, and
conspiracies that unreasonably restrain trade
or commerce
Ex.) price fixing, territorial allocation
Section 2: monopolization or attempts to
monopolize a market
Predatory pricing
Treble damages (triple damages)
Depending on number of violations and
size of violation, there can be triple the
damages for companies
o Horizontal restraints (prices, supply, etc.)
o Vertical restraints (prices, supply etc.)
o Per se Illegality
o Rule of Reason
Clayton Act (1914)
o HRS filing
Mergers:
o Horizontal- 2 competitors joining forces
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