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Antitrust Basics

Thomas V. Vakerics

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This comprehensive reference—cited by the courts—cuts your research time by analyzing relevant statutes, as well as court and FTC cases. It also discusses business practices consistently upheld, as well as those consistently condemned.

Antitrust Basics anticipates virtually every antitrust issue you can expect to face, including: horizontal and vertical restraints; joint ventures; private treble damage actions; price fixing and predatory pricing; new product introductions; patent and know-how licensing; product design changes; vertical integration; refusals to deal; step-by-step reviews of FTC and Justice Department antitrust investigations; the Robinson-Patman Act; and international trade.

Book #00593; looseleaf, one volume, 1,160 pages; published in 1985, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-032-6

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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 1160
  • ISBN: 978-1-58852-032-6
  • Pub#/SKU#: 593
  • Volume(s): 1

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  • Thomas V. Vakerics

Mr. Vakerics specializes in antitrust and international trade law in the Washington, D.C office of Barnes, Richardson & Colburn, LLP. Mr. Vakerics has over twenty years of experience representing foreign corporations in antidumping investigations, including, among others, companies based in Japan, China, Korea, Norway, Sweden, Finland, The Netherlands and Canada. He is a former trial attorney with the Federal Trade Commission’s Bureau of Competition.


 


CHAPTER 1
Fundamental Concepts of Antitrust Analysis

§ 1.01 Overview
§ 1.02 The Antitrust Laws
[1]  The Sherman Act
[2] The Clayton Act
[3] The Robinson-Patman Act
[4] The Federal Trade Commission Act
§ 1.03 Unreasonable Restraints of Trade
[1]  In General
[2] Rule of Reason Analysis
[3] Quick Look Analysis
[4] The Per Se Rule
[5] Ancillary Restraints
§ 1.04 Interstate Commerce
§ 1.05 Intent
§ 1.06 Contracts, Combinations and Conspiracies
§ 1.07 Penalties and Remedies

CHAPTER 2
Government Antitrust Enforcement

§ 2.01 Overview
§ 2.02 Federal Trade Commission
[1] Organization
[2] Jurisdiction
[3] Investigations
[4] Administrative Adjudication
[5] Cease and Desist Orders
[6] Injunctions
[7] Advisory Opinions
§ 2.03 Department of Justice
[1] Organization
[2] Jurisdiction
[3] Factors Affecting Decision to Initiate Civil or Criminal Cases
[4] Civil Cases
[5] Criminal Cases
[6] Preliminary Injunctions
[7] Business Review Letters
[8] Leniency Program
§ 2.04 State Antitrust Enforcement

CHAPTER 3
Private Antitrust Enforcement

§ 3.01 Introduction
§ 3.02 General Rules
[1] The Complaint
[2] Summary Judgment
[3] Jurisdiction and Venue
[4] Right to Jury Trial
[5] Defenses
[6] Contribution Among Co-Conspirators
[7] Award of Attorney's Fees
[8] Statute of Limitations
§ 3.03 Treble Damage Actions
[1] Introduction
[2] Standing to Sue
[3] Elements of Proof
§ 3.04 Injunction Actions
[1] Introduction
[2] Standing to Sue
[3] Elements of Proof
§ 3.05 Class Actions
§ 3.06 Arbitration of Antitrust Claims

CHAPTER 4
Price Fixing

§ 4.01 Introduction
§ 4.02 Horizontal Price Fixing
§ 4.03 Vertical Price Fixing

CHAPTER 5
Monopolization: Attempts, Combinations and Conspiracies to Monopolize

§ 5.01 Introduction
§ 5.02 Monopolization
§ 5.03 Attempts to Monopolize
§ 5.04 Combinations and Conspiracies to Monopolize
§ 5.05 Relevant Market in Monopolization Cases
§ 5.06 Business Practices Associated with Monopolization Cases
[1] Actions by Dominant Firms to Maintain or Increase Market Share
[2] Predatory Pricing
[3] New Product Introductions by Dominant Firms
[4] Product Design Changes
[5] Refusals to Deal by a Dominant Firm
[6] Vertical Integration
[7] Acquisitions
[8] Licensing/Leasing Policies
[9] Preemptive Expansion of Facilities
[10] Unfair Practices Designed to Injure or Eliminate Competitors
[11] Monopoly Leveraging
[12] Price Squeeze

CHAPTER 6
Horizontal Restraints: Agreements Between Competitors

§ 6.01 Overview
§ 6.02 Agreements to Allocate Geographic, Customer or Product Markets
§ 6.03 Group Boycotts
§ 6.04 Agreements to Limit Output
§ 6.05 Agreements to Limit Exports to the United States
§ 6.06 Agreements to Limit Exports from the United States
§ 6.07 Agreements to Exchange Information
§ 6.08 Convenants Not to Compete
§ 6.09 Joint Purchasing Arrangements: Buying Cooperatives
§ 6.10 Joint Selling Arrangements
§ 6.11 Joint Action to Influence the Government: The Noerr-Pennington Doctrine
§ 6.12 Product Standards and Certification Programs
§ 6.13 Trade Association Activities
§ 6.14 Corporate Interlocks

CHAPTER 7
Vertical Restraints: Agreements Between Manufacturers, Wholesalers and Retailers

§ 7.01 Introduction
§ 7.02 The Distribution System
§ 7.03 General Legal Principles Applicable to Vertical Restraints
§ 7.04 Territorial Restrictions
§ 7.05 Customer Restrictions
§ 7.06 Primary Areas of Responsibility
§ 7.07 Profit Pass-Over Payments
§ 7.08 Location Restrictions
§ 7.09 Exclusive Dealing and Requirements Contracts
§ 7.10 Exclusive Dealerships
§ 7.11 Tying Agreements
§ 7.12 Reciprocal Dealing
§ 7.13 Unilateral Refusals to Deal
§ 7.14 Terminations and Non-Renewals

CHAPTER 8
Price Discrimination: The Robinson-Patman Act

§ 8.01 Introduction
§ 8.02 Overview of the Robinson-Patman Act
§ 8.03 Discrimination in Price: Seller Liability and Defenses
[1] The Violation
[2] Defenses
§ 8.04 Discrimination in Price: Buyer Liability and Defenses
[1] The Violation
[2] Defenses
§ 8.05 Discrimination in Promotional Allowances, Services and Facilities: Seller Liability and Defenses
[1] The Violation
[2] Defenses
§ 8.06 Discrimination in Promotional Allowances, Services and Facilities: Buyer Liability and Defenses
[1] The Violation
[2] Defenses
§ 8.07 Brokerage and Payments in Lieu of Brokerage
[1] Seller Liability and Defenses
[2] Buyer Liability and Defenses
[3] Broker Liability and Defenses
§ 8.08 Exports to and from the United States
§ 8.09 Exempt Sales
[1] Sales to Non-Profit Institutions
[2] Sales to Government Agencies
§ 8.10 Criminal Liability

CHAPTER 9
Mergers and Acquisitions

§ 9.01 Introduction
§ 9.02 Overview
§ 9.03 Premerger Reporting Requirements
[1] Reporting Requirements
[2] Merger Investigations
§ 9.04 Department of Justice/Federal Trade Commission Horizontal Merger Guidelines
[1] Overview
[2] Relevant Markets
[3] Market Concentration
[4] Competitive Effects Analysis
[5] Entry Analysis
[6] Defenses
[7] Vertical Mergers
[8] Conglomerate Mergers
§ 9.05 Judicial Merger Decisions
[1] Relevant Markets
[2] Horizontal Mergers
[3] Vertical Mergers
[4] Conglomerate Mergers
[5] Defenses

CHAPTER 10
Joint Ventures

§ 10.01 Overview
§ 10.02 Production Joint Ventures
§ 10.03 Research and Development Joint Ventures
§ 10.04 Marketing Joint Ventures

CHAPTER 11
Technology Transfer and Antitrust: Patent and Know-How Licensing

§ 11.01 Introduction
§ 11.02 The Patent/Antitrust Interface
[1] Patent Misuse
[2] Patent Non-Use/Suppression
[3] Refusal to License
[4] Acquisitions of Patents
[5] Accumulation of Patents
[6] Infringement Litigation, Threats and Settlements
[7] Monopolization
[8] Licensing Conditions and Restrictions
[9] Exclusion of Infringing Imports
[10] Compulsory Licensing
§ 11.03 The Know-How/Antitrust Interface

CHAPTER 12
International Trade and Antitrust

§ 12.01 Introduction
§ 12.02 Application of American Antitrust Laws to Conduct Occurring Outside the United States
§ 12.03 Government International Antitrust Enforcement
§ 12.04 Private International Antitrust Enforcement
§ 12.05 Special Defenses and Immunities Related to International Antitrust Actions
[1] Sovereign Immunity
[2] Act of State
[3] Sovereign Compulsion
§ 12.06 Export Trade Exemptions
[1] In General
[2] Webb-Pomerene Associations
[3] Export Trade Certificates of Review
§ 12.07 Special Statutes Directed at Import Competition
[1] In General
[2] Wilson Tariff Act of 1894
[3] Antidumping Statutes
[4] Foreign Government Subsidies of Products Exported to the United States
[5] Unfair Competition Related to Imports
[6] Competitive Injury Caused by Increasing Imports
[7] Foreign Government Practices Restricting United States Exports
[8] Agricultural Import Relief
[9] National Security
[10] Imports from Communist Countries

CHAPTER 13
Antitrust Exemptions and Immunities

§ 13.01 Introduction
§ 13.02 Regulated Industries
§ 13.03 State Action
§ 13.04 Business of Insurance
§ 13.05 Labor Unions
§ 13.06 Agriculture
§ 13.07 Newspaper Joint Operating Arrangements
§ 13.08 Sports Organizations
§ 13.09 Health Care
§ 13.10 Nonprofit Organizations
§ 13.11 Local Governments
§ 13.12 Other Exemptions and Immunities

APPENDICES
Index