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arrangement in which shareholders of independent firms agree to give up ehteir stock in exchange for trust certificates that entitle them to a share of the trust's common profits. |
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amalgam of social policy, economics, law, and administrative practice |
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1890-prohibits monopoly, price agreement, vertical relationshiops, policy that restrains trade |
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Per se violations and rule of reason |
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courts have held that some sufficiently egregious acts that on the face of it violates antitrust. These acts are said to be per se illegal. Only defense is that defendant didn't do it |
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restraint of trade is illegial if it is unreasonable |
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extended antitrust to cover mergers reducing competition |
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FTC-Federal Trade Commission |
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created by Congress in 1914 to investigate the structure and behavior of firms engaging in interstate commcerce to determine what constitutes un fair behavior and issues cease and desist orders to those violating antitrust |
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extended the language of the FTC to include deceptive as well as unfair methods of competition |
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on of two federal agencies empowered to act against those in violation of antitrust laws, it initiates action against those who violate antitrust laws and decide which cases to prosectue against whom to bring criminal charges |
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involves companies taht sell different but related products, operate in different regions, or active in completely unrelated area |
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Collusion and price fixing |
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all schools of thought agree that collusion and horizantal price fixing are anticompetitive and DOJ has vigorously prosecuted price fixing and obtained large fines, criminal convictions, and prison sentences for the guilty |
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proposed changes in antitrust law fail because |
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intensity of ensuing politics and complexity of issues |
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