LAW 642 Lecture Notes - Lecture 32: Vexatious Litigation, Federal Trade Commission Act Of 1914, Sherman Antitrust Act
30 May 2020
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Arguably broader authority than section 2, but courts have been hesitant to embrace such a view and it remains untested. Policy: to the extent section 2 claims have been limited out of fear of vexatious litigation, Section 5 claims should not be so limited because there"s no private right of action: commissioner rosch argues that this justifies monopoly broth claims, mergers-------------------------------------------------------------------------, historical perspective---------------------------------------------------------------------, introduction the early merger case law. Reasonable probability that effect of merger will be to substantially lessen competition. Supreme court found congressional intent to oppose concentration in its own right, and to promote diversity of business, even if it may result in some costs to consumers: later overruled. Brown shoe (1962): famous quote it is competition, not competitors, that the act protects. But subsequent line informs the meaning of competition in this context: but we cannot fail to recognize congress" desire to promote competition through the protection of viable, small, locally-owned business.
