Researching Antitrust Law Bill Schwesig Reference Librarian and Bibliographer for Common Law.
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Transcript of Researching Antitrust Law Bill Schwesig Reference Librarian and Bibliographer for Common Law.
Researching Antitrust Law
Bill Schwesig
Reference Librarian and Bibliographer for Common Law
Sherman Act 1890 Clayton Act 1914 Federal Trade Commission Act 1914 Robinson-Patman Act (Anti-Price Discrimination Act) Hart-Scott-Rodino Antitrust Improvements Act of 1984
Antitrust Laws
Antitrust Law
Section 1 prohibited "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce …”
Section 2 banned individuals from monopolizing or trying to monopolize.
Sherman Act 1890
Declared four practices illegal but not criminal:
1. Price discrimination
2. Tying and exclusive-dealing contracts
3. Corporate mergers
4. Interlocking directorates
Clayton Act 1914
Created the Federal Trade Commission to enforce the Sherman Act and Clayton Act.
Federal Trade Commission Act
Anti-Price Discrimination Act Prohibited unfair discounts to chain stores
Robinson-Patman Act 1936
Hart-Scott-Rodino Antitrust Improvements Act of 1976
Provides for FTC and DOJ review of proposed mergers and acquisitions.
Divestiture often a condition of approval
Hart-Scott-Rodino
Standard Oil Co. American Tobacco Co. AT&T – long distance service IBM – vertical integration Microsoft
Major Trust-Busting Cases
Criminal Prosecutions under the Sherman Act are filed by the Antitrust Division of the Department of Justice.
Civil enforcement is by both the Dept of Justice Antitrust Division and the Federal Trade Commission.
The FTC deals with unfair and deceptive practices and consumer fraud.
Jurisdiction
Antitrust Law
Primary Law Statutes Regulations State Laws Court Decisions Consent Decrees FTC Decisions
Enforcement DOJ Case Filings FTC Case Filings Business Reviews Guidelines
Primary Law and Enforcement
Areeda and Hovenkamp Treatise Strong on law and economics
Federal Trade Reporter Statutes, regulations, enforcement guidelines Federal Enforcement Actions US Antitrust Cases, CCH Trade Cases Business Review Letters FTC Complaints and Orders Older enforcement actions are in print
Antitrust Law on CCH Intelliconnect
USCS and CFR Treatises
Antitrust Laws & Trade Regulation – Van Kalinowski Federal Antitrust Law – Earl Kintner
Cases and Consent Decrees FTC Orders and Guidelines Emerging Issues
Antitrust Law on LexisNexis
Antitrust Law on LexisNexis
Antitrust & Trade Regulation Resource Center Antitrust & Trade Regulation Report Antitrust & Trade Regulation Daily BNA Corporate Portfolios: Antitrust
Available on Bloomberg BNA and Bloomberg Law Alerts
Antitrust Law on Bloomberg BNA
The Government must prove that challenged activities restrain competition
Rule of Reason or Per Se violation? Economic evidence is crucial What is the market? Local, state, national, global? How much concentration is too much? Vertical vs. Horizontal integration
Economic Analysis
Antitrust Division Enforcement Actions filed since 1994 Criminal enforcement, statistics Merger Reviews since 1994 Appellate Briefs Economic Analysis Group Discussion Papers Market Analysis Papers
www.justice.gov/atr/
Department of Justice
Dept of Economics Economic Reports - Long-term evaluations of past
enforcement actions Issue Papers, Working Papers Health Care Economics
Competition Enforcement Database Congressional Testimony Advocacy Filings
www.ftc.gov
Federal Trade Commission