Chapter 10- Antitrust Law (Restraints of Trade) Flashcards
Preservation of Competition
Generate the best products and services at the lowest possible price.
Antitrust laws were designed to provide free, open markets resulting in efficiency and consumer welfare
Preservation of Democracy
Many businesses in competition meant that none of them could corner economic, political or social power
Preservation of Small Business
Antitrust was designed to preserve the opportunity for ordinary people to compete with corporations
Expression of Political Radicalism
Antitrust laws for reshaping individuals meet the needs of all people
Sherman Antitrust Act
Section 1- Forbids restraints of trade
Section 2- Forbids monopolization, attempts to monopolize and conspires to monopolize
Federal Trade Commission (FTC)
A powerful, independent agency designed to eliminate anticompetitive practices in commerce.
Ex: Cease and desist or fines
Horizontal Restraint of Trade
Collude, Conspire or agree among themselves in ways that unreasonably harm competition
Governed by Section 1 of The Sherman Act which forbids contracts, combinations or conspiracies in restraint of trade
Rule of Reason
Provides that the Sherman Act forbids only unreasonable restraints of trade
Horizontal Group Boycott
Competitors agree not to deal with a supplier, customer or another competitor
Horizontal Restraints
Agreement among the competitors, Per se unlawful
Vertical Restraints
Imposed by suppliers on their buyers
Resale Price Maintenance
1- Minimum price to enhance the reputation of the product
2-Helping retailers make a profit sufficient to provide customer service
3- Preventing discount stores from pricing beneath full-price retail outlets
4- Prevent Free Riding
5- Reducing Showrooming
Tying Arrangements
Dealer agrees to sell or lease a product (tying product) only on the condition that the buyer also purchases or leases another product (Tied product)
Exclusive dealing contract
Buyer commits itself to deal only with a specific seller
Requirements Contract
One in which a seller agrees to supply all of a buyer’s needs or a buyer agrees to purchase all of a sellers output