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Chapter 49 - Antitrust: The sherman act. In this chapter, the learning objectives are: Understand the purpose of the Sherman Act; explain the terminology of antitrust regulation, including rule of reason (compared to per se) analysis, price-fixing, boycotts, and restraints on competitio; describe monopolization. | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 11 Administrative Law The Federal Trade Commission Act and Consumer Protection Laws Antitrust: The Sherman Act The Clayton Act, The Robinson-Patman Act, and Antitrust Exemptions and Immunities Employment Law Environmental Regulation Regulation of Business P A R T Antitrust: The Sherman Act P A E T R H C 49 Monopoly is a terrible thing, till you have it. Rupert Murdoch, The New Yorker magazine (1979) Learning Objectives Understand the purpose of the Sherman Act Explain the terminology of antitrust regulation, including rule of reason (compared to per se) analysis, price-fixing, boycotts, and restraints on competition Describe monopolization Federal antitrust laws apply only to business behavior having some significant impact on interstate or foreign commerce Easy standard to meet Federal antitrust laws have been applied extensively to activities affecting the international commerce of the . | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 11 Administrative Law The Federal Trade Commission Act and Consumer Protection Laws Antitrust: The Sherman Act The Clayton Act, The Robinson-Patman Act, and Antitrust Exemptions and Immunities Employment Law Environmental Regulation Regulation of Business P A R T Antitrust: The Sherman Act P A E T R H C 49 Monopoly is a terrible thing, till you have it. Rupert Murdoch, The New Yorker magazine (1979) Learning Objectives Understand the purpose of the Sherman Act Explain the terminology of antitrust regulation, including rule of reason (compared to per se) analysis, price-fixing, boycotts, and restraints on competition Describe monopolization Federal antitrust laws apply only to business behavior having some significant impact on interstate or foreign commerce Easy standard to meet Federal antitrust laws have been applied extensively to activities affecting the international commerce of the United States Jurisdiction Sherman Act violations may lead to criminal prosecutions or civil litigation by federal government through Department of Justice Violations also may lead to civil suits filed by private parties Most antitrust cases settled without trial through nolo contendere pleas in criminal cases and consent decrees in civil cases Types of Cases To get a conviction, government must prove an anticompetitive effect resulted from the alleged misconduct and that defendant had a criminal intent “Knowledge of [act’s] probable consequences” rather than specific intent to violate antitrust law Civil cases require proof by evidence of either an anticompetitive effect or an unlawful purpose Proof Private individuals and Department of Justice (DOJ) may seek such injunctive relief Private plaintiffs must first demonstrate they have standing to sue through proof of a direct antitrust injury Clayton Act Section 4 permits private plaintiffs injured by Sherman Act or Clayton Act
