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Simple English definitions for legal terms

antitrust laws

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A quick definition of antitrust laws:

Antitrust laws are rules that prevent companies from unfairly controlling a market or limiting competition. There are three main laws: the Sherman Act Section 1, the Sherman Act Section 2, and the Clayton Act. Violations can be either a per se violation, which means it's automatically illegal, or a violation of the rule of reason, which requires further analysis. Examples of illegal practices include price fixing, bid-rigging, and monopolizing a market. Mergers between companies are also subject to review to ensure they don't harm competition.

A more thorough explanation:

Antitrust laws are federal statutes that aim to promote competition and prevent monopolies in the marketplace. The three key federal statutes in Antitrust Law are Sherman Act Section 1, Sherman Act Section 2, and the Clayton Act.

Violations under the Sherman Act take one of two forms -- either as a per se violation or as a violation of the rule of reason. Per se violations of the Sherman Act include price fixing, bid-rigging, horizontal customer allocation, and territorial allocation agreements. A per se violation requires no further inquiry into the practice's actual effect on the market or the intentions of those individuals who engaged in the practice. All other violations will be analyzed under the Rule of Reason.

For example, if two companies agree to fix prices for a certain product, this is a per se violation of the Sherman Act. However, if two companies enter into an agreement that has both pro-competitive and anti-competitive elements, the court will apply the "totality of the circumstances test" and ask whether the challenged practice promotes or suppresses market competition in net.

Horizontal agreements refer to agreements between competitors. Vertical agreements refer to agreements between manufacturers and distributors. Under Sherman Act Section 1, any agreements that unreasonably restrains competition is unlawful. All vertical agreements are analyzed under the Rule of Reason.

For example, if two competing companies agree to boycott another competitor, this is illegal per se under the Sherman Act. However, if two companies enter into a vertical agreement that requires a retailer or distributor to purchase exclusively from the manufacturer, this is subject only to the rule of reason.

The Clayton Act bars mergers when the effect “may be substantially to lessen competition or to tend to create a monopoly.” Horizontal mergers (mergers among two competitors); vertical mergers (merger among firms that have a buyer-seller relationship) and potential competition mergers (buyer is likely to enter the market and become a potential competitor of the seller) are subject to review by FTC and DOJ.

For example, if two competing companies merge and the effect is to substantially lessen competition in the marketplace, this would violate the Clayton Act.

Antitrust laws are designed to promote competition and prevent monopolies in the marketplace. Violations of these laws can result in significant penalties and legal consequences. It is important for businesses to understand and comply with these laws to avoid potential legal issues.

antitrust | antitrust violations

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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