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Researching Antitrust Law Bill Schwesig Reference Librarian and Bibliographer for Common Law.

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Presentation on theme: "Researching Antitrust Law Bill Schwesig Reference Librarian and Bibliographer for Common Law."— Presentation transcript:

1 Researching Antitrust Law Bill Schwesig Reference Librarian and Bibliographer for Common Law

2 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

3 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

4 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

5 Created the Federal Trade Commission to enforce the Sherman Act and Clayton Act. Federal Trade Commission Act

6 Anti-Price Discrimination Act Prohibited unfair discounts to chain stores Robinson-Patman Act 1936

7 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

8 Standard Oil Co. American Tobacco Co. AT&T – long distance service IBM – vertical integration Microsoft Major Trust-Busting Cases

9 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

10 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

11 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

12 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

13 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

14 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

15 Antitrust Division Enforcement Actions filed since 1994 Criminal enforcement, statistics Merger Reviews since 1994 Appellate Briefs Economic Analysis Group Discussion Papers Market Analysis Papers Department of Justice

16 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 Federal Trade Commission

17 Questions? Ask a Law Librarian Bill Schwesig

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