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Topic: Sherman Antitrust


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In the News (Tue 17 Nov 09)

  
  AllRefer.com - Sherman Antitrust Act (U.S. History) - Encyclopedia
Sherman Antitrust Act, 1890, first measure passed by the U.S. Congress to prohibit trusts; it was named for Senator John Sherman.
Antitrust action sharply declined in the 1920s, but under President Franklin Delano Roosevelt new acts supplementary to the Sherman Antitrust Act were passed (e.g., the Robinson-Patman Act), and antitrust action was vigorously resumed.
The Hart-Scoss-Rodino Antitrust Improvement Act (1976) made it easier for regulators to investigate mergers for antitrust violations, but few mergers were blocked during the merger boom of the 1980s, when the FTC and Justice Dept. adopted a looser interpretation of antitrust legislation.
reference.allrefer.com /encyclopedia/S/ShermanA.html   (517 words)

  
 Sherman Antitrust Act - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-05)
For many years the Sherman Act was not enforced criminally, but Congress ultimately criminalized violations of the act and has significantly increased the penalties for criminal violations of the Sherman Act over the years, first making it a felony, then increasing the maximum fines and terms of imprisonment for violations.
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 anticompetitive conduct to determine whether it is, on balance, beneficial to consumer 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   (612 words)

  
 Antitrust - Wikipedia, the free encyclopedia
Antitrust or competition laws, legislate against trade practices that are claimed to undermine competitiveness or are considered to be unfair.
The United States federal government passed the Sherman Antitrust Act in 1890, although it was not put to use for several more years.
Antitrust Laws Should Be Abolished by by Edward W. Younkins, 19 February 2000.
en.wikipedia.org /wiki/Antitrust   (759 words)

  
 MSN Encarta - Search Results - Sherman Antitrust Act
Sherman Antitrust Act, basic federal enactment regulating the operations of corporate trusts, passed by the U.S. Congress in July 1890, through the...
The Sherman Antitrust Act, excerpts of which follow, was an attempt by the federal government to regulate the creation and operation of corporate...
Harrison in 1890 signed the Sherman Antitrust Act, which declared combinations of businesses that restrained trade or commerce to be illegal and...
ca.encarta.msn.com /Sherman_Antitrust_Act.html   (214 words)

  
 Sherman Antitrust Act - Wikipedia, the free encyclopedia
The Sherman Anti-Trust Act,15 U.S.C. § 1, was the first government action to limit trust companies (A corporate front for a combination of firms or corporations who agree not to lower prices below a certain rate for the purpose of reducing competition and controlling prices throughout a business or an industry).
It was passed in 1890 and was named for its author, Senator John Sherman of Ohio.
The "per se" violations include price fixing, bid rigging, and market allocation schemes, and are generally prosecuted criminally by the Antitrust Division (http://www.usdoj.gov/atr/) of the United States Department of Justice.
www.northmiami.us /project/wikipedia/index.php/Sherman_Antitrust_Act   (671 words)

  
 Sherman Antitrust Act. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-11-05)
As a result of a suit filed in 1974 under the Sherman Antitrust Act, the American Telephone and Telegraph (AT&T) monopoly was broken up in 1982.
Antitrust legislation is primarily regulated by the Antitrust Division of the Dept. of Justice and the FTC.
U.S. corporations with international operations also face antitrust scrutiny from European Union regulators.
www.bartleby.com /65/sh/ShermanA.html   (455 words)

  
 Article 2
Throughout the history of these [antitrust] statutes, it has been constantly assumed that one of their purposes was to perpetuate and preserve, for its own sake and in spite of possible cost, an organization of industry of small units which can effectively compete with each other.
Sherman's sentiments regarding the control of "one man" and the profits accumulated by trusts, concomitant with his rejection of cost-efficiencies being realized in the form of lower prices, belies a nonefficiency concern for the combination issue.
The central anomaly in American antitrust legislation is that, were eliminating monopolistic distortions the aim of public policy, the late 19th and early 20th centuries would appear a strange moment for such concerns to emerge.
www.sp.uconn.edu /~langlois/E382/Hazlett.html   (4617 words)

  
 CONSORTIUM AND STANDARDS LIST   (Site not responding. Last check: 2007-11-05)
The Sherman Antitrust Act of 1890, as amended, prohibits every contract, combination, or conspiracy in restraint of trade and allows for the imposition of substantial penalties for violations thereof.
The reach of the Sherman Act increased during the Taft and Wilson administrations, with the enactment of the Clayton Antitrust Act and the establishment of the Federal Trade Commission in 1914.
Finally, as federal antitrust agencies began broadening their interpretations of the antitrust statutes in the 1980s and 1990s, antitrust enforcement reached new heights, beginning with the 1982 breakup of the ATandT monopoly, and culminating with the widely publicized Microsoft Case.
www.consortiuminfo.org /antitrust/sherman.shtml   (340 words)

  
 Antitrust Enforcement and the Consumer
Many consumers have never heard of antitrust laws, but when these laws are effectively and responsibly enforced, they can save consumers millions and even billions of dollars a year in illegal overcharges.
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.
There are three main ways in which the federal antitrust laws are enforced: criminal and civil enforcement actions brought by the Antitrust Division of the Department of Justice, civil enforcement actions brought by the Federal Trade Commission and lawsuits brought by private parties asserting damage claims.
www.pueblo.gsa.gov /cic_text/misc/antitrust/antitrus.htm   (2291 words)

  
 COURT TV ONLINE - TRIALS
In 1890, the 51st Congress passed the Sherman Antitrust Act, named for Senator John Sherman of Ohio.
While the Sherman Act made it illegal to monopolize or to restrain trade through unfair collaborations or conspiracies, the statute didn't specify exactly what conduct would be prohibited.
Antitrust practices have experienced a renaissance under the Clinton Administration as a result of the expanding economy and the political climate.
www.courttv.com /trials/microsoft/primer.html   (1239 words)

  
 LII: Law about...Antitrust
The Sherman Act was designed to maintain economic liberty, and to eliminate restraints on trade and competition.
The Sherman Act is the main source of Antitrust law.
The Sherman Act is a Federal statute and as such has a scope limited by Constitutional constraints on the Federal government.
www.law.cornell.edu /topics/antitrust.html   (261 words)

  
 [No title]   (Site not responding. Last check: 2007-11-05)
Antitrust legislation in other countries is much weaker than that in the U.S. because of economies of scale, lack of a strong ideology supporting competition, and strong cultural ties between government and business.
Antitrust legislation in other countries is much weaker than that in the U.S. No other country forces companies to break up for antitrust violations.
The Sherman Antitrust Act made price discrimination, tie-in contracts, and interlocking directorships illegal when their effect was to lessen competition.
www.hcc.cc.il.us /Staff/billm/fall04/sgch15e.doc   (4333 words)

  
 Sherman Antitrust Act (1890)   (Site not responding. Last check: 2007-11-05)
These two provisions, which comprise the heart of the Sherman Act, are enforceable by the Department of Justice through litigation in the federal courts.
For more than a decade after its passage, the Sherman Act was invoked only rarely against industrial monopolies, and then not successfully, chiefly because of narrow judicial interpretations of what constitutes trade or commerce among states.
One of these was the Clayton Antitrust Act, which elaborated on the general provisions of the Sherman Act and specified many illegal practices that either contributed to or resulted from monopolization.
www.owlnet.rice.edu /~engi202/sherman.html   (492 words)

  
 Antitrust Law: Affirmative Action for Uncompetitive Businesses
Sherman claimed that the price-cutting trusts "subverted the tariff system" and used the antitrust legislation as a smokescreen to sponsor a bill to raise the tariff on imported goods three months later.
While proponents of antitrust frame their support for strict regulation in terms of market failure, antitrust should properly be seen as a political failure of the system to ensure equal treatment for all competitors.
In Antitrust Policy and Interest Group Politics, Shughart cites a study by Suzanne Weaver showing that lawyers in the Department of Justice Antitrust Division often base their decision to prosecute on their prospects for gaining trial experience that will be valuable when they move on to the private sector.
www.ntu.org /main/press.php?PressID=344&org_name=NTUF   (12836 words)

  
 MSN Encarta - Sherman Antitrust Act
Sherman Antitrust Act, basic federal enactment regulating the operations of corporate trusts, passed by the U.S. Congress in July 1890, through the efforts of Senator John Sherman of Ohio.
The Sherman Act has been amended and supplemented by several subsequent enactments.
Most notable among these enactments was the Clayton Antitrust Act of 1914.
encarta.msn.com /encyclopedia_761566277/Sherman_Antitrust_Act.html   (79 words)

  
 Sherman Antitrust Act
Sherman Antitrust Act, 1890, first measure passed by the U.S. Congress to prohibit trusts; it was named for Senator John
Antitrust action sharply declined in the 1920s, but under President Franklin Delano Roosevelt new acts supplementary to the Sherman Antitrust Act were passed (e.g., the
for antitrust violations, but few mergers were blocked during the merger boom of the 1980s, when the FTC and Justice Dept. adopted a looser interpretation of antitrust legislation.
www.factmonster.com /ce6/history/A0844878.html   (459 words)

  
 [No title]
The Antitrust Law Journal is published by the ABA Section of Antitrust Law as a service to its members and for the benefit of lawyers practicing in the field of antitrust law and trade regulation.
Antitrust Law and Economics Law Review is a quarterly journal devoted to articles that examine the economic aspects of antitrust law, including the Sherman Act.
Topics covered includes assembling and managing antitrust cases, initial evaluation of the antitrust case, mapping out pretrial strategy and goals, pretrial negotiations, discovery, use of expert witnesses, and a particularly aggressive section entitled “Slay or be slain.” This is a must for those preparing for an antitrust trial.
www.tc.umn.edu /~g-jack/pathfinders/F02_list_11.doc   (14002 words)

  
 Chapter 23  Promoting Competition
The Sherman Act was and remains one of the government’s most powerful weapons in the struggle to maintain a competitive economy.
The underlying assumption of Section 1 of the Sherman Act is that society’s welfare is harmed if rival firms are permitted to join in an agreement that consolidates their market power or otherwise restrains competition.
The U.S. Supreme Court held in 1922 that baseball is not subject to antitrust laws because baseball leagues’ activities did not involve interstate commerce—and thus did not meet the requirements for federal jurisdiction.
cob.jmu.edu /thomasds/chapter_23__promoting_competitio.htm   (1272 words)

  
 The 1890 Sherman Antitrust Act
Theodore Roosevelt committed himself in 1901 and during both of his mandates to a strong war against monopolies, launching the federal government in 1906 in a lawsuit against the Standard because of discriminatory practices on the market, abuse of power and excessive control on the American oil industry.
In 1911, the Supreme Court finds the Standard Oil in violation of the 1890 Sherman Antitrust Act because of excessive restrictions to trade, and in particular its practice of buying out the small independent refiners or that of lowering the price in a given region to force bankruptcy of competitors.
This is a landmark ruling in the economic history of the USA, and is the basis for a new doctrine in American antitrust policy, called the rule of reason (because of the famous unreasonable restraints to trade mentioned in the Sherman Antitrust Act.
www.micheloud.com /FXM/SO/antitrust.htm   (435 words)

  
 usnews.com: The People's Vote: Sherman Anti-Trust Act (1890)
The Sherman Antitrust Act of 1890 was the first measure passed by the U.S. Congress to prohibit trusts.
The Sherman Antitrust Act was based on the constitutional power of Congress to regulate interstate commerce.
The Sherman Act was designed to restore competition but was loosely worded and failed to define such critical terms as “trust,” “combination,” “conspiracy,” and “monopoly.” Five years later, the Supreme Court dismantled the Sherman Act in United States v.
www.usnews.com /usnews/documents/docpages/document_page51.htm   (642 words)

  
 Untitled Document   (Site not responding. Last check: 2007-11-05)
This essay examines the antitrust issue with respect to the latter.
But, when it comes to antitrust, if it is to abide by the will of Congress, the Supreme Court must ignore the principle of equality before the law.
Only one more justice had to see the union's actions as outside the limits of the union's antitrust exemption because they were not ordinary union activities as envisioned by Congress in the NLRA.
www.sbe.csuhayward.edu /~sbesc/99septcol.html   (1038 words)

  
 Sherman Antitrust Act
In class action suit by vitamin buyers against vitamin distributors, U.S. Supreme Court holds that Sherman Act does not reach foreign antitrust activity occurring within and outside United States that causes injury to foreign customer where that injury is independent of any injury to domestic customer.
In private antitrust action against two leading auction houses, Second Circuit holds that Foreign Trade Antitrust Improvements Act of 1982 did not overrule prior circuit law on applicability of Sherman Act to antitrust violations committed abroad.
Second Circuit dismisses claim for excessive service fees for EURO currency exchanges holding that Sherman Act does not reach foreign antitrust activity occurring within and outside United States that causes injury to foreign customer where that injury is independent of any injury to domestic customer.
www.infoplease.com /ce6/history/A0844878.html   (706 words)

  
 Sherman Antitrust Act on Encyclopedia.com   (Site not responding. Last check: 2007-11-05)
Modernizing U.S. antitrust law: the role of technology and innovation.(FORUM ON EMERGING ISSUES)
In class action suit by vitamin buyers against vitamin distributors, U.S. Supreme Court holds that Sherman Act does not reach foreign antitrust activity occurring within and outside United States that causes injury to...
In private antitrust action against two leading auction houses, Second Circuit holds that Foreign Trade Antitrust Improvements Act of 1982 did not overrule prior circuit law on applicability of Sherman Act to...
www.encyclopedia.com /html/S/ShermanA1.asp   (649 words)

  
 Antitrust Division Manual : Chapter Two - Statutory Provisions and Guidelines of the Antitrust Division
The antitrust investigator or investigators conducting the examination shall exclude from the place where the examination is held all other persons except the person being examined, his counsel, the officer before whom the testimony is to be taken, and any stenographer taking such testimony.
When the testimony is fully transcribed, the antitrust investigator or the officer shall afford the witness (who may be accompanied by counsel) a reasonable opportunity to examine the transcript; and the transcript shall be read to or by the witness, unless such examination and reading are waived by the witness.
Upon payment of reasonable charges therefor, the antitrust investigator shall furnish a copy of the transcript to the witness only, except that the Assistant Attorney General in charge of the Antitrust Division may for good cause limit such witness to inspection of the official transcript of his testimony.
www.usdoj.gov /atr/foia/divisionmanual/ch2.htm   (8488 words)

  
 TheStreet.com: Judge Rules Microsoft Violated Sherman Antitrust Act
The ruling is the second stage of a three-part verdict, and the judge's findings of fact, issued on Nov. 5, largely presaged his determination of which laws the company violated.
Despite the harsh wording of the ruling, a breakup of the company is highly unlikely, he added, because antitrust law is predicated on governing conduct, leaving the scope of companies to the markets' whims.
The government contended that Microsoft violated U.S. antitrust laws by engaging "in a broad pattern of unlawful conduct with the purpose and effect of thwarting merging threats to its powerful and well-entrenched operating system monopoly," according to Justice Department documents.
www.thestreet.com /brknews/software/912186.html   (1739 words)

  
 Sherman Antitrust Act
The Sherman Antitrust Act, the first federal antitrust law, authorized federal action against any "combination in the form of trusts or otherwise, or conspiracy, in restraint of trade." In the eyes of many Congressmen, the measure would look good to the public, but be difficult to enforce.
Lack of specificity in the Act's wording led the courts to struggle for years before they could agree on the meanings of "trust", "combinations" and "restraint of trade." In the first 10 years of the law's existence, many more actions were brought against unions than big business.
Memorabilia related to Sherman Antitrust Act is at auction on eBay.
www.u-s-history.com /pages/h760.html   (246 words)

  
 DOJ/Antitrust
For an official signed copy, please contact the Antitrust Documents Group.
On the federal level, you can contact the Antitrust Division at its Washington office or any of its field offices, which were established in major metropolitan areas to encourage people with complaints to come forward (see p.
If you detect an antitrust violation, you can perform a triple public service: (1) you can help put an end to unlawful conduct that is costing consumers millions or even billions of
www.usdoj.gov /atr/public/div_stats/1638.htm   (2397 words)

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