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Topic: Antitrust laws


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In the News (Sun 27 May 12)

  
  Antitrust | OGC®
OGC's insistence upon full compliance with the antitrust laws is based not solely on the desire to stay within the bounds of the law, but also on OGC's conviction that the preservation of a free, competitive economy is essential to the welfare of the industry and OGC.
The legality of activities of OGC and its members under the antitrust laws is determined by the application of standards no different from those used to determine the legality of the activities of other groups of persons or firms.
A criminal conviction for an antitrust law violation may result in stiff fines for OGC and its members, jail sentences for individuals (including an individual acting in his or her capacity as a corporate employee or officer) who participated in the violation, and a court order disbanding OGC or severely limiting its activities.
www.opengeospatial.org /ogc/antitrust   (2110 words)

  
  AntiTrust Policy   (Site not responding. Last check: 2007-10-14)
The U.S. antitrust laws are designed to protect and promote competition in markets affecting consumers in the United States, and thus govern the activities of U.S. or foreign companies competing for domestic or import sales in the U.S. market, regardless of whether the offensive conduct occurs in the United States or elsewhere.
These laws, however, are often similar to the federal antitrust laws, and acts that violate the federal laws may likewise violate state and/or foreign laws.
Antitrust issues that arise in the context of a trade association meeting are not limited to the trade association itself, but can create liability in each of the individual members and their companies.
www.swfertilizer.org /Antitrust.htm   (2400 words)

  
 LAWS, CASES AND REGULATIONS
The potential for a problem is made greater by the fact that the antitrust laws are general in nature (violation often being a matter of court interpretation), and therefore it may not be obvious to participants with innocent intent that they have "crossed the line" into areas of potential liability.
Organizations engaged in consortium and standards development activities must understand antitrust law basics, and understand how the courts and antitrust enforcement agencies apply these laws, since the consequences of failing to do so can be nothing less than catastrophic for consortia, their member companies and even individuals.
Interest in enforcing the federal antitrust laws (which is, by far, where most of the official action lies, since the states rarely have sufficient resources to prosecute cases of this nature) is so high that not one, but two, agencies have been assigned responsibility for sharing the duties.
www.consortiuminfo.org /laws   (8644 words)

  
 Antitrust - Wikipedia, the free encyclopedia
Antitrust laws, or competition laws, are laws which prohibit anti-competitive behavior and unfair business practices.
Alan Greenspan argues that the very existence of antitrust laws discourages businessmen from some activities that might be socially useful out of fear that their business actions will be determined illegal and dismantled by government.
Judge Robert Bork's writings on antitrust law, along with those of Richard Posner and other law and economics thinkers, were heavily influential in causing a shift in the U.S. Supreme Court's approach to antitrust laws since the 1970s.
en.wikipedia.org /wiki/Antitrust   (3066 words)

  
 California Antitrust Law
Antitrust law is a complex area of federal and state statutory law, the primary purpose of which is to prevent businesses from creating unjust monopolies or competing unfairly in the marketplace.
Collective refusals to deal are per se violations of the antitrust laws; that is, even if the businesses do not intend to restrain competition, their group boycott is illegal.
Antitrust laws proscribe many specific business actions that, under slightly different circumstances, are within the realm of legal behavior.
www.weblocator.com /attorney/ca/law/b07.html   (2542 words)

  
 Articles-Interplay Between Antitrust and Intellectual Property Laws
Antitrust analysis contemplates the differences among patent, copyright, and trade secret forms of intellectual property in evaluating the specific market circumstances in which transactions occur, just as it does with other particular market circumstances.
Antitrust concerns often arise when a licensing arrangement harms competition among entities that would have been actual or likely potential competitors in a relevant market in the absence of the license.
Antitrust analysis of intellectual property licensing arrangements examines whether the relationship among the parties is primarily horizontal or vertical in nature, or whether it has substantial aspects of both.
www.antitrustupdate.com /Articles/AntiTrustIp.html   (1416 words)

  
 [No title]
Antitrust restrictions in the United States are generally based on the assumption that high levels of concentration in an industry will make it more likely that firms will collude to raise prices and restrict supply, resulting in higher prices for consumers.
On May 19, the Antitrust Division presented Judge Robert H. Bork with the John Sherman Award for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy.
The John Sherman Award was created in 1994 and is presented by the Department's Antitrust Division to a person or persons in recognition of their outstanding contributions to the field of antitrust law, the protection of American consumers, and the preservation of economic liberty.
www.lycos.com /info/antitrust-law--antitrust-laws.html   (627 words)

  
 Antitrust Bureau
The antitrust laws seek to ensure that industry is competitive, with a number of manufacturers or distributors of a product or service, all striving to attract customers.
The antitrust laws are aimed at protecting consumers' purchasing power and saving jobs and businesses, all at the same time.
The antitrust laws in New York are enforced by the Attorney General of New York State, the United States Department of Justice, the Federal Trade Commission and by private citizens and businesses.
www.oag.state.ny.us /business/antitrust.html   (2350 words)

  
 Texas Antitrust Law
Collective refusals to deal are per se violations of the antitrust laws; that is, even if the businesses do not intend to restrain competition, their group boycott violates antitrust law.
Antitrust and deceptive trade practices laws are enforced by the Texas Attorney General's Office.
A violation of Texas' antitrust law occurs only when it is clearly shown that the defendant conspired with others to restrain trade.
www.weblocator.com /attorney/tx/law/b07.html   (2512 words)

  
 Antitrust Laws   (Site not responding. Last check: 2007-10-14)
Antitrust laws have been enacted primarily for the purpose of maintaining a competitive and fair market place.
The intent of the law is to prevent the market place from becoming uncompetitive or monopolized by a group or individual.
In general, you should be cognizant of the principals of antitrust laws.
www.awwa.org /Sections/Sectionlibrary/Antitrust.cfm   (1605 words)

  
 Executive Summary Of The Antitrust Laws
The basic antitrust statutes are few in number: The Sherman Act of 1890; the Clayton Act, first enacted in 1914 and significantly amended in 1936 by the Robinson-Patman Act and in 1950 by the Celler-Kefauver Antimerger Act; and the Federal Trade Commission Act of 1914.
Antitrust analysis distinguishes between economic relationships among entities on the same level of distribution which compete with one another (horizontal relationships) and relationships among suppliers and customers on different distributional levels (vertical relationships).
The interface between the patent system and the antitrust laws is a complicated one; and the attitude of the courts has varied over the years, sometimes favoring the one and then the other.
library.findlaw.com /1999/Jan/1/241454.html   (6722 words)

  
 Antitrust, by Fred S. McChesney: The Concise Encyclopedia of Economics: Library of Economics and Liberty
One reason that most economists were indifferent to the law was their belief that any higher prices achieved by the supposed anticompetitive acts were more than outweighed by the price-reducing effects of greater operating efficiency and lower costs.
The recent era of antitrust reassessment has resulted in general agreement among economists that the most successful instances of cartelization and monopoly pricing have involved companies that enjoy the protection of government regulation of prices and government control of entry by new competitors.
For example, antitrust is useful to politicians in stopping mergers that would result in plant closings or job transfers in their home districts.
www.econlib.org /library/Enc/Antitrust.html   (2438 words)

  
 Barrack, Rodos and Bacine - Antitrust Litigation - Antitrust Laws
Antitrust laws protect businesses and consumers by ensuring that business practices remain competitive and fair.
The primary antitrust laws are federal statutes such as the Sherman Antitrust Act, the Clayton Act and the Robinson-Patman Act.
Although antitrust laws are often enforced by the federal and state governments, individuals and businesses may bring civil lawsuits for damages that they have suffered as a result of violations of the antitrust laws.
www.barrack.com /pages/antitrust/antitrust_laws.html   (268 words)

  
 ANTITRUST LAWS HARM CONSUMERS AND STIFLE COMPETITION
Antitrust restrictions on mergers and acquisitions have had the effect of protecting incumbent managers and corporate assets from the prospect of efficient reorganization.
Antitrust regulation is based on an unrealistic economic model that compares the structure of existing markets with an arbitrary abstract ideal of pure and perfect competition that can never be attained in the real world.
Antitrust is used to transfer wealth from large unorganized groups of individuals to the narrow, organized interests of other groups of individuals.
www.quebecoislibre.org /021221-15.htm   (2309 words)

  
 Should We Trust Antitrust Laws? - August 9, 2005 - The New York Sun
Unsurprisingly, their take on antitrust laws is that they should not exist.
Abolishing antitrust laws is not as wacky as it sounds.
There's little clear evidence that antitrust laws are good for either consumers or the economy.
www.nysun.com /article/18287   (596 words)

  
 Antitrust Laws   (Site not responding. Last check: 2007-10-14)
Consequently, the federal and state governments have enacted a variety of antitrust laws, sometimes called trade laws, to insure, as nearly as possible, that markets will operate properly and efficiently without artificial "restraints of trade".
That is, the system of antitrust laws is intended to promote free and open competition in all markets and assumes that in such markets, some competitors will succeed and others will fail.
Remember that in addition to federal laws, each state has enacted its own anti-trust laws and regulations, some of which are more restrictive that the federal laws.
www.smartagreements.com /bltopics/Bltopic4.html   (754 words)

  
 ANTITRUST LAWS SHOULD BE ABOLISHED
The alleged purpose of antitrust laws is to protect competition based on the idea that a free unregulated market will inevitably lead to the establishment of coercive monopolies.
A review of antitrust laws, cases, and targets, and the economic model upon which they are based indicates that antitrust is largely a failed and discredited policy.
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.
www.quebecoislibre.org /000219-13.htm   (2875 words)

  
 ETA -
Responsibility for enforcement of the antitrust laws lies with the Department of Justice, the Federal Trade Commission, and the over 40 states which have enacted antitrust legislation.
The antitrust laws prohibit any understandings or agreements between competitors or members of an association that involves the division or allocation of customers.
It is laudable for an association to promote high ethical standards, but antitrust problems may arise of an association's attempt to enforce its code of ethics causes economic injury.
www.electran.org /laws.asp   (941 words)

  
 DLA Piper | US | Services | Antitrust and Trade Regulation
The DLA Piper US LLP Antitrust and Trade Regulation Practice Group has decades of federal and state antitrust law experience, allowing us to provide our clients with practical and effective solutions to their antitrust and competition issues.
This is because the antitrust laws encourage private enforcement through the availability of attorneys' fees and treble damages to successful plaintiffs.
When representing a client who is the target of an antitrust investigation, we use our experience to work with the government's lawyers, negotiate limitations on the scope of the inquiry and the information sought, identify the critical issues early, and present appropriate legal and evidentiary arguments.
www.dlapiper.com /antitrust   (2767 words)

  
 Ohio Attorney General - Antitrust
"Antitrust laws are based on the proposition that possession of unchallenged economic power deadens initiative, discourages thrift and depresses energy; that immunity from competition is a narcotic, and rivalry is a stimulant to industrial progress; that the spur of constant stress is necessary to counteract an inevitable disposition to let well enough alone."
The Antitrust Section's attorneys work to foster competition in the marketplace by enforcing both state and federal antitrust laws.
Through the Antitrust Review Program, they perform periodic on-site reviews of Ohio public entity purchase records in an effort to detect bid-rigging or price-fixing schemes of which the public entity may have been a victim.
www.ag.state.oh.us /legal/antitrust/index.asp   (145 words)

  
 Health Hippo: Antitrust
New Federal Antitrust Rules: Opportunities and Challenges for Physicians and Hospitals Physicians, hospitals and other providers should carefully review the Revised Statements and consider their application to the ongoing development and implementation of successful and lawful integrated delivery systems.
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.
hippo.findlaw.com /hippoant.html   (734 words)

  
 Vertical Relations Antitrust Laws
Under the antitrust laws, most nonprice vertical restrictions are judged under a rule of reason: a possible violation that must be considered separately on its merits.
The distinction in antitrust treatment between vertical restrictions achieved through contract and those achieved through vertical integration from internal growth rests in part on the notion that mistaken interference wtih activities within a firm have the potential to cause more harm than interference with the activities between firms.
By the time of repeal, only 36 states had fair-trade laws, and the laws were not actively enforced in many.
wps.aw.com /aw_carltonper_modernio_4/0,9313,1424996-content,00.html   (755 words)

  
 Antitrust and Price Fixing Lawyers and Attorneys
Federal and state antitrust laws are designed to protect the economy and to promote competition among businesses by prohibiting price fixing and other forms of anticompetitive conduct.
Claims for damages under the federal antitrust laws are ordinarily limited to businesses or individuals who purchased goods or services directly from the person or company that violates the antitrust laws.
Many state antitrust laws, however, including California’s, also allow consumers and other end-users of products to receive compensation resulting from anticompetitive conduct, even if they did not purchase goods or services directly from the person or company that violates the antitrust laws.
www.lieffcabraser.com /practice_antitrust.htm   (454 words)

  
 Antitrust Enforcement & the Consumer
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 Sherman Antitrust Act has stood since 1890 as the principal law expressing our national commitment to a free market economy in which competition free from private and governmental restraints leads to the best results for the consumers.
That is often the only way violations can be uncovered, and failing to uncover and punish antitrust violations not only penalizes consumers and taxpayers but also penalizes the vast majority of honest businesspeople who scrupulously observe the antitrust laws.
www.lectlaw.com /files/ant09.htm   (2003 words)

  
 ESPN.com: MLB - Baseball's antitrust exemption: Q & A
Exemptions for boxing, football and basketball were denied in the higher courts, while hockey and golf antitrust exemptions were also denied in the lower courts.
If the exemption is removed and there is a challenge, the owners -- as in every antitrust case -- will have to prove that their action to eliminate teams is somehow better for the competitive business of the sport.
A plaintiff challenging contraction, in an antitrust suit, would allege that contraction constitutes an agreement among all the teams in the league to limit output (two fewer teams to watch) and limit competition (28 instead of 30 teams competing for the same players).
espn.go.com /mlb/s/2001/1205/1290707.html   (1665 words)

  
 Controversy: Are Antitrust Laws Immoral?   (Site not responding. Last check: 2007-10-14)
But this approach does not rule out the need for antitrust and monopoly controls in theory; it is only an argument that they are usually not pursued to the benefit of consumers.
The imposition of antitrust regulations is a form of legal discrimination that punishes successful companies for doing what businesses are supposed to be doing in a market economy: working to maximize profits through consumer service.
Yet this is the moral subtext to nearly every antitrust case brought under American law since the signing of the Sherman Antitrust Act.
www.acton.org /publicat/m_and_m/1998_mar/tucker.html   (3060 words)

  
 Sherman Antitrust Act - Wikipedia, the free encyclopedia
In June of 2004, President George W. Bush signed into law the Antitrust Criminal Penalty Enhancement and Reform Act, increasing the maximum criminal penalty for individuals to ten years' imprisonment and a $1 million fine, and the maximum penalty for corporations to a $100 million fine.
Some alleged violations of the Sherman Act are not prosecuted criminally, but rather are adjudicated in civil proceedings under a "rule of reason" standard, which examines the economic benefits and harm of allegedly anti-competitive conduct to determine whether it is, on balance, beneficial to consumers and should be permitted to continue.
The Antitrust Division has sole authority within the federal government to file criminal antitrust cases, though it shares responsibility for civil enforcement with the Federal Trade Commission.
en.wikipedia.org /wiki/Sherman_Antitrust_Act   (1274 words)

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