anti-trust
what goes under antitrust?
numerous sellers to buyers
all prices known to consumers
what practices are illegal under anti-trust?
negotiating contract
discriminating against people in NIL and other
what are the elements of negligence?
duty (within the scope of authority)
breach of standard of care
proximate cause
damage
what are the 3 elements of a contract?
offer
consideration
acceptance
disparate impact
unessasary discriminatory effect
what is perfect competition?
equal sellers to buyers
prices
taste/size
what does NOT fall under anti-trust?
negotiating contracts
what makes a contract illegal?
cant force someone to sign
if ambiguous (not legal)
underage
what is the assumption of risk?
primary: knowledge about the activity, understanding requirements, appreciation of injury
secondary: understanding all foregoing does something which contributes to injury
standing
the capacity of a party to bring a lawsuit in court
what is the purpose of anti-trust?
perfect competition
numerous sellers and buyers
all prices known to producers
price fixing
concerted refusals to deal
hori\zontal/ territorial or customer division
identify who could be liable
identify proximate cause
who is responsible for main conflict
what is negligent hiring?
not doing background checks before hiring
indemnity
comprehensive form in insurance compensation for damages or loss
what groups are exempt from anti-trust?
labor unions
regulated industries
transportation/ communication
what did Curt Flood Act do?
created free agency. meaning players can switch teams & move when they want.
what makes a contract legal?
must be fair
clear
parole evidence
what defenses can be used in a case?
assumption of risk
act of god
breach of standard of care
How do waivers fit into contracts?
They are both in agreement
what are exempt from anti-trust?
regulated industries
transportation & communication
Noerr doctrine (people can associate to effect government even with anti competitive in effect
what falls under per se violations?
p. prove rules has significnat anti-competitive effects
d. prove pro-competitive effect
there is not a less restrictive method.
what is consideration?
stare decisis
doctrine law that requires courts to follow precedent
Who has immunity as a defense?
Legislators, judges, prosecutors