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| | Brown v. Pro Football, Inc.., 518 U.S. 231 (1996) |
 | | All this is to say that to permit antitrust liability here threatens to introduce instability and uncertainty into the collective bargaining process, for antitrust law often forbids or discourages the kinds of joint discussions and behavior that the collective bargaining process invites or requires. | | | Our holding is not intended to insulate from antitrust review every joint imposition of terms by employers, for an agreement among employers could be sufficiently distant in time and in circumstances from the collective bargaining process that a rule permitting antitrust intervention would not significantly interfere with that process. | | | The majority interpreted the labor laws as "waiv[ing] antitrust liability for restraints on competition imposed through the collective bargaining process, so long as such restraints operate primarily in a labor market characterized by collective bargaining." 50 F. 3d 1041, 1056 (CADC 1995). |
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http://supct.law.cornell.edu/supct/html/95-388.ZO.html
(4664 words)
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| | Antitrust Implications of Negotiating with Third Party Payers |
| | Moreover, since under the antitrust laws, the term "price" includes payment mechanism or formulas, it would also be unlawful if competing PAs were to agree on a formula for calculating fees, such as a percentage of physician fees. | | | This negotiation of contract terms with payers must be distinguished from an appropriate role of the association, which is to educate its members and the public of the association’s concerns and to urge governmental authorities, at legislative or regulatory levels, regarding the enactment of legislation or issuance of regulations which would benefit the association’s membership. | | | A: A basic tenet of federal and state antitrust law is that otherwise competing sellers of services cannot directly, or indirectly (e.g., through a professional association), agreeamong themselves on price or price related terms at which they will sell their services. |
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http://www.aapa.org/gandp/antitrst.html
(1253 words)
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| | ANTITRUST LAWS SHOULD BE ABOLISHED |
| | These antitrust benefits accruing to some (i.e., by limiting competition from their rivals) involve costs that are usually not apparent since they are spread over so many other firms and individuals. | | | Antitrust laws thus discourage abler firms from operating to the best of their abilities. | | | Rather than protect consumers, it is possible that antitrust laws are enacted to subsidize and protect less efficient firms from the rigors of the competitive process. |
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http://www.quebecoislibre.org/000219-13.htm
(2875 words)
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| | Cato Handbook for Congress: Antitrust |
| | Antitrust laws that allow the federal government to second-guess markets and hold up or prohibit sound business practices have no valid place in a market economy. | | | Antitrust laws allow the federal government to regulate and curtail basic business activities, including pricing, production, product lines, and mergers, usually in the name of preventing monopolies and fostering competition. | | | Mergers usually occur because business partners believe the merger will create synergy--the value of the two companies combined will be greater than their individual values, which is to say that together they will serve consumers better. |
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http://www.cato.org/pubs/handbook/hb105-39.html
(1675 words)
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| | LAWS, CASES AND REGULATIONS |
| | With that analysis in mind, the author urges readers to be proactive in undertaking standards development activities, and in particular, to pay attention to issues such as process, disclosure, and licensing at the outset of the standards development process. | | | Given that standards developing bodies are typically controlled by entities with horizontal business relationships, they are by their nature deemed to involve concerted action. | | | He then reviews recent developments in relevant law and policy, as well as current FTC initiatives that should benefit from hearings to be held by these agencies on the relationship between competition and intellectual property. |
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http://www.consortiuminfo.org/laws
(8610 words)
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | Moreover, under the laws of agency as known to the Congress that passed the Sherman Act it was far from clear - even in cases involving commercial enterprises - that a principal could be held liable for the deliberate torts of his agent. | | | United States, supra, at 235 (union not liable for the antitrust violations of a local division: "To bind the union in a situation such as this, actual and authorized agency was necessary; mere apparent authority would not be sufficient"). | | | 8 The antitrust laws have been effectively enforced for over 90 years without the need for such a theory of liability. |
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http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=456&page=556
(13030 words)
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| | Health Hippo: Antitrust |
| | Antitrust and Certificates Of Public Advantage, BY TIM SIZE Competition and cooperation have never been seen as mutually exclusive concepts in the development of rural health systems, and these issues are becoming increasingly important on a number of fronts. | | | RWHC: Antitrust and Certificates Of Public Advantage Competition and cooperation have never been seen as mutually exclusive concepts in the development of rural health systems, and these issues are becoming increasingly important on a number of fronts. | | | One issue being raised in the debate over health care reform is how antitrust law should be applied to health care providers. |
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http://hippo.findlaw.com/hippoant.html
(734 words)
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| | COURT TV ONLINE - TRIALS |
| | The law, intended to thwart trusts and monopolies that operated in "restraint of trade or commerce," was a response to a growing concern over the expanding power of big business. | | | Wilson wanted to create a law that would clearly prohibit certain specific business practices: price discrimination; tying together multiple products; corporate mergers; and interlocking directorates, trusts formed by companies with common members on their respective boards of directors. | | | Upon his confirmation, Attorney General Janet Reno succinctly summed up the government's current mood on antitrust issues: "In this global economy, it is so important for the Antitrust Division to be vigilant in looking out for the interests of American consumers and businesses -- and Joel will continue to be their champion." |
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http://www.courttv.com/trials/microsoft/primer.html
(1243 words)
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| | BALANCING "COMPETITIVE VS. COLLABORATIVE" FORCES |
| | There is a clear potential for conflict between well-established public policy perspectives embodied in antitrust law and the growing pressures on rural health care providers to be efficient suppliers of a comprehensive set of health care services. | | | Policies limiting market concentration through antitrust law are based on assumptions that a lack of competition will result in higher prices or costs than those of a competitive market (Casey et al., 1994), and that consumer welfare is protected by breaking up monopolies and preventing them from forming (Polzer, 1995). | | | On the one hand, strong antitrust enforcement is likely to be seen as beneficial to rural providers and service networks concerned about potential predatory practices of large, urban-based health care and insurance systems. |
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http://www.execpc.com/~rwhc/papers/bal.html
(3888 words)
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| | ANTITRUST GUIDELINES FOR THE LICENSING OF INTELLECTUAL PROPERTY |
| | The IP Antitrust Guidelines define a "safety zone." Absent extraordinary circumstances, the government will not challenge a restraint in an intellectual property licensing arrangement if (1) the restraint is not "facially anticompetitive" and (2) the licensor and its licensee collectively account for no more than 20% of each relevant market significantly affected by the restraint. | | | Intellectual property laws promote innovation and commercial activity by establishing enforceable property rights for the creators of (and investors in) new and useful products, more efficient processes, and original works of expression. | | | Further, a restraint in a licensing agreement will be subject to antitrust scrutiny "if it facilitates market division or price-fixing" in one of these three types of markets. |
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http://execpc.com/~mhallign/antitrst.html
(820 words)
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| | Antitrust Policy |
| | The economic case for antitrust policy is based on efficiency. | | | Furthermore, there are clear cases in which businesses have tried to act as monopolists, charging high prices with restricted outputs. | | | Its dominance and large profits would appear to indicate that it was a monopoly and could trigger antitrust action. |
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http://ingrimayne.saintjoe.edu/econ/Monopoly/AntiTrust.html
(911 words)
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| | Intellectual Property Committee |
| | Standards that facilitate interoperability are critical in high tech industries and increasingly raise antitrust issues, whether set through a standard setting organization, by ad hoc groups of competitors, or by a single dominant firm. | | | Annual Spring Meeting, Section of Antitrust Law, Joint Committee Program of the Trade Association Committee and the Corporate Counseling Committee (Apr. 7, 2000). | | | Noer-Pennington immunity from any antitrust liability flowing from the effect that the standard has of its own force in the marketplace. |
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http://www.abanet.org/antitrust/committees/intell_property/june4.html
(5582 words)
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| | American Antitrust Institute - Criminal Antitrust Primer |
| | This is also beneficial for the executives who in many instances spend much of their time doing business in the US or have relatives there and so do not wish to avoid the country. | | | The individual did not coerce another party to participate in the illegal activity and clearly was not the leader in, or the originator of, the activity. | | | There is a defense based on compulsion by the foreign government to act in such a way. |
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http://www.antitrustinstitute.org/primer.cfm
(7709 words)
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| | Antitrust Division Manual : Chapter Two - Statutory Provisions and Guidelines of the Antitrust Division |
| | Nothing in this section is intended to prevent disclosure to either body of Congress or to any duly authorized committee or subcommittee of the Congress. | | | Antitrust Civil Process Act, 15 U.S.§§ 1311-1314, as Amended | | | Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law (other than this chapter) preventing or restraining disclosure of such product of discovery to any person. |
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http://www.usdoj.gov/atr/foia/divisionmanual/ch2.htm
(8488 words)
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| | DOJ/Antitrust |
| | The law recognizes that certain arrangements between firms -- such as competitors cooperating to perform joint research and development projects --may benefit consumers by allowing the firms that have reached the agreement to compete more effectively against other firms. | | | The scope of the Antitrust Division's investigation of bid rigging by dairy firms includes sales to public schools, the military and other public institutions (such as jails), as well as possible bid rigging on wholesale prices, affecting all consumers. | | | Essentially, these laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, resulting in higher prices for inferior products and services. |
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http://www.usdoj.gov/atr/public/div_stats/1638.htm
(2397 words)
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| | Judge rules Microsoft violated antitrust laws CNET News.com |
| | A campaign finance reform bill to immunize bloggers from election laws faces last-minute opposition. | | | Microsoft shares plunged $15.38 to $90.88 before the release of the ruling, erasing about $70 billion from the company's market value. | | | Today's verdict is essentially the second step of a three-stage process. |
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http://news.cnet.com/news/0-1003-200-1629387.html
(1634 words)
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| | LII: Law about...Antitrust |
| | To prevent trusts from creating restraints on trade or commerce and reducing competition, Congress passed the Sherman Antitrust Act in 1890. | | | These, in turn, cause markets to stagnate and sap individual initiative. | | | Senate Judiciary Committee (includes information from Subcommittee on Antitrust, Business Rights, and Competition) |
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http://www.law.cornell.edu/topics/antitrust.html
(261 words)
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| | klein on international antitrust policy 040600 |
| | Nor should price fixing be excused when companies fall on difficult economic times any more than bank robbery should be viewed as a legitimate answer to unemployment. | | | The reality is that price fixing, like bid-rigging and market allocation schemes, are anything but victimless crimes. | | | Over 80 countries now have antitrust laws -- most of them enacted during the past decade -- and another 25 countries are in the process of drafting such laws. |
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http://www.useu.be/ISSUES/trust0406.html
(1602 words)
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| | Business: High gas prices break no antitrust laws, study finds |
| | Industry officials have long said that disruptions to supply can spike prices because of tight inventory, but Mica said the industry is proud of its ability to keep inventories at efficient levels and noted that producers have had to keep up with an enormous boost in global demand in recent years. | | | The retail price of gasoline has been dropping nationally since April, but is higher than it was at this time last year. | | | High gas prices break no antitrust laws, study finds |
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http://www.sptimes.com/2005/06/16/Business/High_gas_prices_break.shtml
(518 words)
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| | American Antitrust Institute |
| | Become a "Friend of AAI." It's a no-cost way to show your support and receive periodic e-mail updates. | | | Medical Waste Disposal Industry: AAI Report to Antitrust Enforcement Officials. | | | - AAI's comprehensive guide to antitrust resources on the web. |
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http://www.antitrustinstitute.org
(538 words)
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| | Antitrust and Competition Law |
| | This section deals with Antitrust and unfair competition law were passed under the belief that the economy functions best when competitors have limits for permitted activities. | | | ntitrust Law Exams with Outlines of the Answers | | | A Lawyer's Guide to the EU All Governments and Laws of the World |
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http://www.hg.org/antitrust.html
(184 words)
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| | Antitrust Laws Litigation - Hagens Berman Sobol Shapiro LLP, Attorneys at Law |
| | Our firm currently represents millions of consumers in several high-profile class-action lawsuits, and takes on major antitrust litigation that has the potential to improve market conditions for consumers, businesses and investors. | | | Antitrust is the area of law concerned with protecting consumers and businesses by preserving healthy competition and fair trade in the marketplace. | | | Recently, Hagens Berman Sobol Shapiro acted as lead counsel in the largest antitrust settlement in United States history, reaching a settlement in a case against Visa and MasterCard for approximately $3 billion. |
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http://www.hagens-berman.com/litigation_antitrust.jsp
(189 words)
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| | Antitrust and Monopoly Law |
| | "Rural Health Care and State Antitrust Reform" by Michael S. Jacobs | | | antitrust laws (complied by the General Services Administration) | | | Washington antitrust publications from the Office of the Attorney General |
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http://www.lawguru.com/ilawlib/315.htm
(283 words)
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| | XChange - Sensenbrenner Introduces Legislation to Strengthen Antitrust Laws |
| | Enter your trial subscription and you'll receive 3 Risk-Free Issues. | | | The Congressmen introduced the legislation after the U.S. Supreme Court unanimously overturned an appeals court ruling that found a New York law firm had the right to sue Verizon Communications Inc. based on antitrust law. | | | House Judiciary Chairman James Sensenbrenner, R-Wis., and Rep. John Conyers Jr., D-Mich., on Thursday introduced legislation to strengthen antitrust laws in the telecommunications industry, according to ATandT Corp. and the trade group, CompTel/ASCENT. |
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http://www.x-changemag.com/hotnews/45h20141710.html
(208 words)
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| | Oracle, DOJ Lay Out Strategies in Trial Briefs |
| | The reduced competition would result in higher prices, less choice and less innovation, according to the Justice Department. | | | The suit is based on the assertion that the deal would violate antitrust laws by shrinking competition from three players—Oracle, PeopleSoft and SAP AG—to two. | | | The DOJ, joined by 10 states, is seeking a federal injunction to block Oracle's $7.7 billion takeover bid for rival PeopleSoft Inc.—an offer that the fiercely independent PeopleSoft has fended off since Oracle first launched its bid last June. |
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http://www.eweek.com/article2/0,1759,1606911,00.asp
(1167 words)
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| | ii-03 |
| | The "law of demand" postulates generally that volume is an inverse function of price--that the higher the price, the lower the volume consumers will buy. | | | In the U.S., the individual states, as inheritors of the English common law (which condemned a number of these practices), were the pioneers in the anti-monopoly efforts of the late 1800s and many have their own antitrust statutes today. | | | Thus, the entrepreneur might learn by experimentation that he can sell 10,000 units at $10 each but that, if he raises his price to $12, he can only sell 9,000 units. |
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http://www.metrolink.net/~cmueller/ii-03.html
(3835 words)
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| | 35 USCS Sect. 211 |
| | 200 et seq.] shall be deemed to convey to any person immunity from civil or criminal liability, or to create any defenses to actions, under any antitrust law. |
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http://www.law.cornell.edu/patent/35uscs211.html
(28 words)
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| | Gregoire Files Antitrust Action Against Behring |
| | She said this is the only appropriate remedy, and further, he likely could not afford to pay the potential damages, which under federal antitrust laws, could total $1 billion. | | | In addition, the lawsuit asks the court to order the team to repay consum ers, impose civil penalties and award court costs. | | | In addition, the suit charges Behring violated Washington's consumer protection laws by selling fans 1996 season tickets without warning buyers of his plans to move the team. |
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http://www.atg.wa.gov/releases/rel_behring_021496.html
(572 words)
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| | World Business Archive BBC World Service |
| | You break the law, you pay for it." | | | People that break the law should be punished for breaking the law. | | | If you are a monopoly, you have to act as a monopoly and you cannot use predatory pricing, you cannot do contract bundling, you cannot do some of the other tactics that they have done. |
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http://www.bbc.co.uk/worldservice/business/story_cmt090400.shtml
(1231 words)
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| | GigaLaw.com: Antitrust Scrutiny of Business-to-Business Web Sites |
| | He is licensed to practice law in the state of California. | | | Summary: Business-to-business, or B2B, web sites should be aware of antitrust issues, because those laws are designed to penalize the creation of cartels among competitors in an industry. | | | Computer Law: Drafting and Negotiating Forms and Agreements |
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http://www.gigalaw.com/articles/2000/ghosh-2000-11.html
(219 words)
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| | Mobile-makers say 3G patent licensing breaks antitrust laws OUT-LAW.COM |
| | Mobile-makers say 3G patent licensing breaks antitrust laws | | | Mobile-makers say 3G patent licensing breaks antitrust laws | | | UK Home > OUT-LAW News > News Archive > 2005 > October 2005 > Mobile-makers say 3G patent licensing breaks antitrust laws |
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http://www.out-law.com/page-6280
(499 words)
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| | US CODE: Title 15,CHAPTER 1—MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE |
| | Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity | | | Recovery of damages, etc., for antitrust violations on claim against person based on official action directed by local government, or official or employee thereof acting in an official capacity | | | Application of antitrust laws to professional major league baseball |
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http://www4.law.cornell.edu/uscode/15/ch1.html
(230 words)
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