Researching Antitrust Law
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Transcript Researching Antitrust Law
Researching
Antitrust Law
Bill Schwesig
Reference Librarian and
Bibliographer for Common Law
Antitrust Laws
Sherman Act 1890
Clayton Act 1914
Federal Trade Commission Act 1914
Robinson-Patman Act (Anti-Price Discrimination Act)
Hart-Scott-Rodino Antitrust Improvements Act of 1984
Antitrust Law
Sherman Act 1890
Section 1 prohibited "[e]very contract, combination
in the form of trust or otherwise, or conspiracy, in
restraint of trade or commerce …”
Section 2 banned individuals from monopolizing or
trying to monopolize.
Clayton Act 1914
Declared four practices illegal but not criminal:
1. Price discrimination
2. Tying and exclusive-dealing contracts
3. Corporate mergers
4. Interlocking directorates
Federal Trade Commission Act
Created the Federal Trade Commission to enforce
the Sherman Act and Clayton Act.
Robinson-Patman Act 1936
Anti-Price Discrimination Act
Prohibited unfair discounts to chain stores
Hart-Scott-Rodino
Hart-Scott-Rodino Antitrust Improvements Act of
1976
Provides for FTC and DOJ review of proposed
mergers and acquisitions.
Divestiture often a condition of approval
Major Trust-Busting Cases
Standard Oil Co.
American Tobacco Co.
AT&T – long distance service
IBM – vertical integration
Microsoft
Jurisdiction
Criminal Prosecutions under the Sherman Act are filed
by the Antitrust Division of the Department of Justice.
Civil enforcement is by both the Dept of Justice Antitrust
Division and the Federal Trade Commission.
The FTC deals with unfair and deceptive practices and
consumer fraud.
Antitrust Law
Primary Law and Enforcement
Primary Law
Statutes
Regulations
State Laws
Court Decisions
Consent Decrees
FTC Decisions
Enforcement
DOJ Case Filings
FTC Case Filings
Business Reviews
Guidelines
Antitrust Law on CCH Intelliconnect
Areeda and Hovenkamp Treatise
Strong on law and economics
Federal Trade Reporter
Statutes, regulations, enforcement guidelines
Federal Enforcement Actions
US Antitrust Cases, CCH Trade Cases
Business Review Letters
FTC Complaints and Orders
Older enforcement actions are in print
Antitrust Law on LexisNexis
USCS and CFR
Treatises
Antitrust Laws & Trade Regulation – Van Kalinowski
Federal Antitrust Law – Earl Kintner
Cases and Consent Decrees
FTC Orders and Guidelines
Emerging Issues
Antitrust Law on LexisNexis
Antitrust Law on Bloomberg BNA
Antitrust & Trade Regulation Resource Center
Antitrust & Trade Regulation Report
Antitrust & Trade Regulation Daily
BNA Corporate Portfolios: Antitrust
Available on Bloomberg BNA and Bloomberg Law
Alerts
Economic Analysis
The Government must prove that challenged activities
restrain competition
Rule of Reason or Per Se violation?
Economic evidence is crucial
What is the market? Local, state, national, global?
How much concentration is too much?
Vertical vs. Horizontal integration
Department of Justice
Antitrust Division
Enforcement Actions filed since 1994
Criminal enforcement, statistics
Merger Reviews since 1994
Appellate Briefs
Economic Analysis Group Discussion Papers
Market Analysis Papers
www.justice.gov/atr/
Federal Trade Commission
Dept of Economics
Economic Reports - Long-term evaluations of past
enforcement actions
Issue Papers, Working Papers
Health Care Economics
Competition Enforcement Database
Congressional Testimony
Advocacy Filings
www.ftc.gov
Questions?
Ask a Law Librarian
www.lib.uchicago.edu/e/law/
Bill Schwesig
[email protected]