Antitrust Law Basics
What is the Sherman Act
The Sherman Act prohibits contracts, combinations, and conspiracies that restrain trade.
What is the Robinson-Patman Act?
Charging different prices to competing purchasers of the same product may violate this Act.
What is a patent?
In Illinois Tool Works Inc. v. Independent Ink, Inc., the Supreme Court ruled that tying arrangements are not presumed illegal when involving this.
What is the executive branch?
Administrative agencies are part of this branch of government.
What is rulemaking?
The power to create legally binding regulations is called this.
What is the Clayton Act?
This Act addresses price discrimination and exclusive dealing.
What is predatory pricing?
Selling goods below cost to eliminate competitors is known as this.
What is market power?
The Court in Illinois Tool Works rejected the automatic presumption of this.
What is the regulatory agency?
An agency created by Congress through enabling legislation is called this.
What is enforcement power?
The power to investigate and bring enforcement actions is called this.
What is the FTC Act?
This Act created the Federal Trade Commission.
What is price discrimination/predatory pricing?
In Utah Pie Co. v. Continental Baking Co., the issue centered on this type of pricing behavior.
What is the Clayton Act?
In Utah Pie Co. v. Continental Baking Co., the Court found violations under this Act.
What is the FTC?
Federal Trade Commission
What is a trial?
A formal agency hearing resembles this type of court proceeding.
What is the horizontal restraint?
An agreements among competitors at the same market level are called this.
What is a typing arrangement?
A seller conditions the sale of one product on the purchase of another product.
What is the market power in the typing product?
Illinois Tool Works clarified that plaintiffs must prove this rather than assume it.
What are commissions or boards?
Independent agencies are typically headed by these instead of a single director.
What is informal rulemaking?
This type of rulemaking requires notice and an opportunity for public comment.
What is per se illegality?
Practices that are automatically illegal under antitrust law fall under this rule.
What is competition?
To prove illegal price discrimination, a plaintiff must show injury to themselves.
What is frozen pies?
involves competition in this product market.
What is the APA?
Administrative Procedure Act
What is enabling legislation?
An agency’s authority is limited by this document, passed by Congress.