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Microsoft Antitrust Laws Essay
In today's high tech and fast paced society, there is no doubt that personal computers are one of the
most important aspects of our daily lives. Microsoft, well known for being the dominant firm in the
market for computer operating systems, has been battling the United States Government on account
of violating the United States antitrust laws. These laws prohibit companies from forming
monopolies or attempting to dominate a specific market (cite). Since the early 1990s, Microsoft has
been charged with attempting to monopolize the computer operating system market (cite). The U.S.
government believes that Microsoft tried to do this by integrating Internet Explorer into the
operating system in an attempt to eliminate all other competition (cite). ... Show more content on
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Rather the laws are used primarily by federal authorities to rein in firms that exercise excessive
market power and to the limit the way in which firms compete with one another" (cite). If a firm,
Microsoft for example, is trying to run as a monopoly, the federal authorities are in charge of
limiting firms who have too much market power so that other firms will be able to compete instead
of having one firm that dominates the market.
According to the United States Department of Justice, when the final settlement was reached in
2001, Microsoft has to comply with a range of enforcement procedures which prohibited them from
attempting to form a monopoly in the future (cite). A few compliance and enforcement procedures
include, enforcing a compliance committee to enforce the Final Judgment, appointing a technical
committee to assist in enforcement of and compliance with the Final Judgment, appoint a Microsoft
internal compliance officer, complying with third party complaints concerning Microsoft's
compliance with the Final Judgment (cite). If Microsoft did not comply or they violated their
prohibited conducts, they face heavy penalties
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Antitrust Law Violation Of Antitrust Laws
Antitrust Law Violations
Introduction
This paper will discuss the Google case that was presented by Microsoft stating that Google was in
violation of antitrust laws. Also, in this paper some of the pecuniary and non–pecuniary costs will be
discussed. Given in this paper will also be my thoughts on monopolies and oligopolies.
Antitrust Case
Google was investigated for antitrust behavior because they were claimed to be an "internet bully
that abuses its dominance of online search and advertising" (STEINHAUSER & LIEDTKE, 2011, p.
1). Google was doing things like buying smaller companies in search results but then
labeling/highlighting their own services instead. Being that Google was knocking out the
competition by only showing their results ... Show more content on Helpwriting.net ...
When dealing with market structures and considering Google as a monopoly, the characteristics of
the monopoly market structure fit. In a sense, Google is being seen as the only producer for internet
search, and is trying to make it seem through their practices that they are the only reliable business
in the industry. Because of the overwhelming market power Google is gaining through the use of
other smaller companies, other businesses such as Microsoft, are beginning to feel that the
competition being created is unfair and favored. Especially with Google blocking out their results as
the search engine is used.
Antitrust as Investopedia pointed out, "prohibits a variety of practices that restrain trade," ("Antitrust
Definition | Investopedia", n.d.). According to the complaints of Microsoft, Google was in violation
of the Sherman Act of 1980. The Sherman Act states that, "public is best served by free competition
in trade and industry," ("Sherman Anti–Trust Act legal definition of Sherman Anti–Trust Act", n.d.).
Also, the Sherman Act points out that, "it prohibits monopolies attempts to monopolize, or
conspiracies to monopolize." ("Sherman Anti–Trust Act legal definition of Sherman Anti–Trust
Act", n.d). By blocking out their rivals, and not giving them an equal opportunity to display the
information related to the searches of the consumers, Microsoft felt this was a violation of the
Sherman Act. On another note, after reading the research
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Microsoft Antitrust Law Case
On October 19, 1998, Microsoft was in a courtroom. The technology giant and household name was
on trial for monopolizing the software industry. They were accused of forcing computer makers to
use their internet browser as part of the Windows software. In the process violated Section 1 and 2
of the Sherman Antitrust Law. According to Section 1 of the Sherman
Antitrust Law, companies are prohibited to make "agreements in restraint of trade––such as price–
fixing, refusals to deal, bid–rigging, etc. The parties involved might be competitors, customers, or a
combination of the two." (economics) Section 2 of the Sherman Antirust Law states that no
company is allowed to monopolize or attempted to monopolize in their industry. Through
anticompetitive means, Microsoft began to push ... Show more content on Helpwriting.net ...
Zichy 2
On November, 1990, Judge Thomas Penfield Jackson declared that Microsoft was acting as a
monopoly in the personal computer operation systems market and was taking actions to eliminate
opposing companies. After the ruling, Microsoft appealed and the D.C. Circuit Court of Appeals
overturned Judge Jackson's rulings. They decided not to break up Microsoft and would give them a
less harsh antitrust penalty. Microsoft decided to create a settlement with the companies it harmed.
The settlement required Microsoft to share it application programing interfaces and required three
people to have full access to Microsoft's system, records, and source code for five years.
In my personal opinion, I think that it is unfair for someone to break the law and get caught and not
receive the punishment they deserve. Microsoft got a slap on the wrist for their actions. This
decision by the courts set a precedent for other companies in the future. They will look at this case
and see how they can get away with trying to monopolize the market. When companies try to
monopolize the market, competition is destroyed. Microsoft should have been
punished
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The Decision For Us Federal Antitrust Law
In seeking to understand the Supreme Court's judgement in Leegin, two questions immediately
come to mind. Firstly, why would the manufacturer seek to establish a minimum retail price for its
product? Secondly, what are the consequences for consumer welfare, if the manufacturer succeeds
in maintaining a higher retail price?. The first part of this paper attempts to answer these questions
whilst deliberating on the majority and minority judgements of the US Supreme Court in Leegin and
the significance of the decision for US federal antitrust law. The second part of this paper compares
the US Federal and EU approaches to RPM. Several economic theories postulate enhanced
consumer welfare as a reason why a manufacturer might endorse a policy ... Show more content on
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The economic logic of RPM is to redirect retailers' competitive activities from prices to customer
service. Factors such as price, quality, design and customer service on the part of retailers affect the
demand for differentiated consumer goods. Therefore, by assuring resellers that they will not face
discount price competition from other resellers of the same brand, minimum RPM agreements
encourage retailers to invest in services or promotional efforts to sell that brand against competing
brands. So although RPM may diminish intra–brand price competition among retailers selling the
same brand, Grimes argues that it compensates for this by enhancing inter–brand competition
between retailers as a result of the increase in intra–brand service competition . Affirming this
theory, the Supreme Court recognized in Continental TV that, "when inter–brand competition
exists......, it provides a significant check on the exploitation of inter–brand market power because of
the ability of consumers to substitute a different brand of the same product" . Mathewson and Winter
suggest that increased consumer demand due to enhanced retail services , elicited through a
protected retail margin, will more than offset a negative impact on demand of a higher retail price.
Thus, RPM allows manufacturer to influence the supply of retail service by controlling its retailers'
margins, thereby using retail service as an instrument of inter–brand competition. This
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AntiTrust Laws Essay
AntiTrust Laws Introduction
Competition in economics is rivalry in supplying or acquiring an economic service or good. Sellers
compete with other sellers, and buyers with other buyers. In its perfect form, there is competition
among many small buyers and sellers, none of whom is too large to affect the market as a whole; in
practice, competition is often reduced by a great variety of limitations, including monopolies. The
monopoly, a limit on competition, is an example of market failure. Competition among merchants in
foreign trade was common in ancient times, and it has been a characteristic of mercantile and
industrial expansion since the Middle Ages. By the 19th century, classical economic theorists had
come to regard ... Show more content on Helpwriting.net ...
For example, the Maryland State Constitution in 1776 stated that "Monopolies are odious, contrary
to the spirit of free government... and ought not to be suffered".
With the support of President Benjamin Harrison, Congress passed the Sherman Antitrust Act in
1890. John Sherman, a lawyer and senator from Ohio, was the author of this legislation that
attempted to curb the growth of monopolies. The act declared illegal any business combination that
sought to restrain trade or commerce. Penalties for violation of the act included a $5,000 fine or/and
a year's imprisonment. The act was unable to achieve its original objectives.
Despite its good intentions, the Act didn't hit all its targets. The Act emerged as a somewhat tenuous
plan to break up the "big business" monopolies. The weaknesses of the Act are described by Chief
Justice Stone: "The prohibitions of the Sherman Act were not stated in terms of precision or of
crystal clarity and the Act itself does not define them. In consequence of the vagueness of its
language, perhaps not uncalculated, the courts have been left to give content to the statute, and in the
performance of that function it is inappropriate that courts should interpret its words in the light of
its legislative history and of the particular evils at which the legislation was aimed." Ultimately,
"there [was] no question that nearly everyone wanted to
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Antitrust Laws And The Antitrust Division Of The U.s....
Antitrust laws are a collection of laws and regulations, put into place over time, to help govern the
competiveness of large corporations. Enforced by the Federal Trade Commission and the Antitrust
Division of the U.S. Department of Justice (DOJ) ("Antitrust Laws," 2003), the laws help regulate
ethical behavior between businesses to ensure that smaller businesses can compete with the bigger
name corporations. Mergers and monopolies come into play and greatly affect how these businesses
run. This paper will look at two different instances of possible violated laws and discuss the
specifics. The first case deals with a pharmaceutical company, the second two telecommunications
companies. One question being answered for both examples is what kind of ethical dilemmas are
present. Read on as the cases are examined. Federal antitrust enforcers are investigating whether a
multinational pharmaceutical company has attempted to minimize the impact of generic competition
to one of its most profitable prescription drugs. This antidepressant drug is the company 's best
seller, with sales last year of $2.11 billion, representing a 22% increase from the year before. The
Federal Trade Commission (FTC) is conducting an investigation to determine whether the company
engaged in activities to prevent generic alternatives to the prescription drug from entering the
market. Specifically, the FTC is challenging a practice among brand–name and generic drug
manufacturers to agree to
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The Federal Trade Commission Actively Enforces Antitrust Law
The Federal Trade Commission actively enforces antitrust laws to organizations within the
healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that
enables hospitals and physicians to work cooperatively toward accomplishing several objectives
(Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur
when a PHO acts as a contracting arrangement for a network of healthcare providers. The network
can consist of groups of physicians, one hospital or several, and also some other entities that offer a
bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC
states that the core antitrust law principle is that it is illegal for competitors to agree on prices they
will charge, except where they come together and integrate in a legitimate joint venture that results
in efficiencies or other precompetitive benefits that outweigh the restriction of competition
(Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per
se illegal means that activities, such as horizontal price fixing, or group boycotts, have been
conclusively presumed to restrain competition unreasonably even without a study of the market that
they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al.,
2009). South Georgia Health Partners are an example of a PHO that was charged by the commission
on a per se illegal
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Antitrust Law And Economics Of Product Distribution
Introduction
This Literature review explains if a franchise is high or low risk way of entering into a market. It
also explains whether a franchisee is suited for a certain franchise. Franchises can be seen all over
the world, with everyone being introduced to them, as consumers, from a young age (Longenecker
et al., 2011). Thomas and Seid (2000) agree with this and believes due to it, people think they
understand a lot more about a franchise than they actually do, creating myths about the rate of
success and the ease of entry. Antitrust Law and Economics of Product Distribution (2006, p.5)
defines a franchise in a 3 part way as, "(1) a franchisee (a) offers, sells or distributes a franchisor's
goods or services, which are identified by ... Show more content on Helpwriting.net ...
Many years later, franchising became more entrenched in the UK with the advent of the tied pub
system. Following the introduction of legislation making it very expensive to keep and maintain a
public house in the 18th century, licensees began to struggle to operate successfully. Recognising
that it was in their interests to have a secure and stable market for their products, brewers began to
offer publicans the opportunity of financial support in return for exclusivity over what was sold in
the pub. Thus a familiar system, that remains widely–used in the licensed trade today, was born."
(Thebfa.org, 2015)
Types of Franchises
There are three types of franchises; these are business format franchises, product franchise and
manufacturing franchises (Referenceforbusiness.com, 2015).
Business Format Franchise
Business Format Franchises are the most common out of the three, this franchise gives the right for
entrepreneurs to use their name and product. The franchisee usually benefits from the assistance
given by the franchisor, but has to pay fees and royalties over the franchise contract. The most
noticeable example of this type of franchise is McDonalds, which is one of the most successful
companies in the world (Referenceforbusiness.com, 2015).
Product Franchise
In this kind of franchise the
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The Benefits Of Antitrust Law
Telser has also suggested that when "productions require each entrant to pay fixed costs that cannot
be fully recouped by most of the participants unless means can be found to restrict total output (and
hence fix prices) and then divide total sales." (Machovec, 1995) Some form of race to the bottom
will happen unless a form of horizontal price fixing takes place with social benefits. The most
common examples provided by the literature are related with transportation industry, such, as
airlines and shipping carriers. (Lester T. G., 1994)
Lets observe one example observed by Lester Telser in Hayde Park waiting for a limo service to the
airport. "Hayde Park which has a regular limo service to O'Hare Airport, 25 miles away. Going to
O'Hare, ... Show more content on Helpwriting.net ...
v. PSKS, Inc., 551 U.S. 877 (2007) overruled the prohibition that was established in Dr. Miles
Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911) for a rule of reason. That said, Dr.
Miles and Leegin history with the RPM is an example that illustrates how judging business practices
may be a challenging task, after all, a business practice seen from one angle may seem to reduce
competition being in fact pro competitive when observed from other one. Now, a question that
judges, antitrust authorities, lawyers and antitrust literature must constantly answer is the content of
a "legitimate purpose" and how to answer it; after all antitrust law is a about what are the rules that
market actors must observe to compete in
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Essay on Microsoft and Antitrust law
Microsoft and Antitrust law
America's century–old antitrust law is increasingly irrelevant to our current worldwide information
technology market. This law is outdated, in accordance to the modern Microsoft situation, because
in the past there wasn't technology as there is now. Recently the government has been accusing
Microsoft as being a monopoly. "Techno–Optimists" claim that "efforts by government to promote
competition by restraining high–tech firms that acquire market power will only stifle competition."
Some analysts disagree. They concede that dynamic technology makes it tough to sustain market
power. Still, consumers will want compatible equipment, which will lead them to buy whatever
product other consumers are using, ... Show more content on Helpwriting.net ...
DOJ was not persuaded by Microsoft's argument that physical machines can more easily be counted
than intangible copies of computer software. Nor was DOJ convinced that customers might actually
favor long–term contracts to guard against unpredictable price increases and other uncertainties.
This raised the question; did Microsoft exploit its dominant market position by "insisting" on
"unfair" licensing arrangements? Of course not. Consider that Windows became the industry
standard because PC–makers thought it was a "superior" product. An assessment that surely took
into account the entire set of product features, not only technical features but also ease of use,
quality, price, service, and contract terms. Just like any other product in the competitive market.
Consider that there were no barriers that would prevent another competitor from driving Windows
out as being the market leader. These are simple conditions that exist in an economic market. Those
considerations, apparently, did not impress the DOJ's Antitrust Division.
After a five–year investigation costing millions of dollars, the Antitrust Division found little that
could be characterized as anti–competitive. But that did not stop the government. Not only did DOJ
file an antitrust suit that caused Microsoft to cancel its planned
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Antitrust Laws And Violations : Antitrust Law
Antitrust Laws and Violations Introduction Antitrust laws are to protect competition. The free and
open competition benefits that consumers have by ensuring that they have lower prices as well as
new and better products. In a freely competitive market, each competing business generally will try
to attract consumers by cutting its prices and increasing the quality of its products or services in
order to try to beat out there competitor. The competition and the profit gives the opportunities to
bring and also stimulate businesses to find new, innovative, and more efficient methods of
production. Consumers sometimes benefit from competition when there are lower prices and better
products and services (). The antitrust law is the law that ... Show more content on Helpwriting.net
...
These laws also oversee planned mergers and acquisitions that are adequately large to add up to a
threat to rivalry, and they take in hand commercial practices that can cause an uncertain threat to
competition on the merits in an appropriately defined antitrust marketplace (Clark, 2007). Main
Issues Competition is considered beneficial for business and business environment, as in a
competitive market, companies offer higher quality products at lower prices to be successful or to
gain market share. On the other hand, businesses perhaps get involve in violation of antitrust laws
that is a white collar crime as it has a bad effect on competition, can damage economy and can
increase prices. Antitrust laws are formed to protect consumer and competitors from unfair
competition and its consequences, these laws prohibits: conspiracies, combinations and contracts in
trade restraint, mergers, and acquisitions that tend to significantly reduce the competition offenses
and methods of unfair competition, as well as unfair practices and acts in the conduct of commerce
and trade (Kovacic et al, 2007). Competition serves as an effective mean for businesses to identify
ways to improve product quality, charge lower price, and to increase efficiency. Business that can
offer the highest product quality at the reduced costs will succeed in a
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Antitrust Law Of A Business Context
Investigate Antitrust Law in a Business Context THOMAS R. WADE Northcentral University
Investigate Antitrust Law in a Business Context There are a number of steps involved in the
property title process. However, this has changed over the years due legislation such as the land
protection act, introduced in the 1900s. Still, many of the original process steps are used today it
requires detail gathering and documenting information. Nevertheless in the first step is the initial
request for a title. Many times, it has performed out without involving and buyer Black (2001).
However, this step perhaps identified as a task that records the land in its present state. Secondly, an
on–site examination then performed. The steps are compiled in a detail report that reports on the
legal property name, location and any tax information related to the property in question (Black,
2001) The report is then developed with information from several sources: hard copies, digital
resources, most of which retrieved from recorded documents, usually stored in secured and
unsecured facilities. In the wake of the technology boom, information gathering has become as easy
as a click of a mouse. Technology has enabled organizations to complete, organized and detail
services of properties without having to leave the office. Technology has even made it possible to
identify the property via satellite, ensuring the location, mapping data with each component,
therefore making it easy, and positively identify
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Antitrust Laws
Antitrust laws– laws covered under this regulation are intended to prevent the monopolizing of cer–
tain services that could end up negatively affecting the market by driving up or down the price of a
good or service to such an extent that people cannot afford it. It also has the responsibility to ensure
there is adequate competition and to make prices fair and services accessible to as many people as
possible. (Economics, 2014). Consumer Product Safety Commission (CPSC)– this regulation's
effect on the market is quite significant because if a product is deemed unsafe for the public, it can
have a huge effect on all levels of production. If the company offers any sort of stock, those who
have shared may be greatly impacted as well. It is even ... Show more content on Helpwriting.net ...
The public probably has a better understanding of how contracts work, as the concept is the same
whether it's be–tween private–private partnerships, or private–public. Whether the principle is the
government or a pri–vate company, their role in the contract must still be clearly defined and is not
easy to change once it's been created. Universities indirect effect on markets makes them more
difficult to monitor in house as the curriculum is not decided by any branch of government and the
budget does not have any re–quirements on it. However, as previously mentioned, they turn out
professionals who may have a bi–ased view on how markets should behave and who should have
influence. Most people are familiar with antitrust laws but not specifically how they work. They are
not easily monitored but can carry sig–nificant weight in getting corporations to agree to correct
behavior that is deemed to be in violation. The three monitoring agencies have different
responsibilities, but the goal of each is the same, to limit the effect of deficits on the economy
(market) to the extent possible. Each report to different levels of government, but are aware of the
responsibilities of the others. They may not work in conjunction with each other well, which can
create gridlock in Congress, limiting funds available for critical programs. Most people are familiar
with the seemingly regular stalemates that
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Antitrust Laws And The Federal Branch Of The United States...
The role of antitrust laws has been the subject of numerous publications that have attempted to
provide a precise set of reasons and inspirations for their creation. However, there are still many
schools of thought on the subject and much debate over the effectiveness and legitimate
implementation of these laws. This paper analyzes the three main antitrust laws that the federal
branch of the United States government uses to try to restrict monopolies. This paper also looks at
antitrust laws in the modern business environment, and attempts to relay the information in a
manner that a newcomer to the subject will understand the concept as it relates to modern
technology and business practices. The findings of this paper indicate that the topic of antitrust laws
is more complex than many believe and, depending on the position of the person affected by
monopolies, the sentiment ranges widely.
Antitrust Laws The main purpose of antitrust laws is to promote competition in the markets by
preventing monopolies. They also protect consumers and other businesses from unfair business
practices and collusion among companies. The thought behind this is that consumers are hurt when
monopolies exist because they have fewer choices, the price is likely to be higher, and the services
being provided may not be very good. Turmoil in the national economy during the 1870's and 1880's
necessitated the development of trust that would stabilize individual industries. This would later
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Antitrust Laws Essay
Companies do not have the freedom to merge and acquire as they please do. All have to meet the
requirements and essentially be approved by regulatory bodies. In the context of regulations,
antitrust laws and security laws are commonly referred to by regulator to determine whether a
merger or acquisition should be allowed or rejected. Antitrust laws prohibit mergers and acquisitions
that impede competition. The point is very simple where antitrust is referred to as competition. The
goal is to increase competition because more competition in economics means that consumers get
more at a fairer or lower price. Anytime a regulator believes that a merger or acquisition will make
an industry or market less competitive, the business transaction might ... Show more content on
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Assuming that each of the hundred biggest companies in the industry has a market share of one
percent we would take one squared plus one squared plus one squared and so forth for the hundred
companies and get an HHI of one hundred. If the scenario exists where the HHI is relatively low for
an industry then regulators would not be particularly concerned with mergers and acquisitions in
that industry. Relatively low is anything that is less than one thousand HHI and would not land on a
regulator's radar. The next step up is anything between one thousand and eighteen hundred which
the industry is considered to moderately concentrated. Here, if a merger or acquisition results in a
change in HHI of hundred or more than the regulator might take action. In a highly concentrated
industry where competition is low, a change in HHI of fifty or more and the regulator will take
action. In the U.S., any merger or acquisition that results in an increase greater than 100 points raises
antitrust concerns under the Horizontal Merger Guidelines of the Department of
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The Pros And Cons Of Antitrust Laws
The first antitrust law was passed in 1890 by Congress called, the Sherman Act. It was a wide–
ranging charter of economic liberty designed to preserve unrestricted competition within the rule of
trade. Congress then passed two additional antitrust laws in 1914, called the Federal Trade
Commission Act that formed the FTC, and the Clayton Act. These would be the three essential
antitrust, federal laws that are still in effect today (The Antitrust Laws, 2013). Antitrust laws prohibit
illegal mergers and business practices, which leaves the court of law to resolve which laws were
broken based on the case facts. Antitrust laws have the same straightforward objective and that is to
protect the progression of competition to benefit consumers, in making sure that there are incentives
for companies to function proficiently, to preserve low prices, and higher quality(The Antitrust
Laws, 2013). The three essential antitrust, federal laws The Sherman Act The Sherman Act forbids
contracts and sedition in limitation of trade, monopolization, attempted monopolization, or
conspiracy to monopolize. In1914, the Supreme Court agreed that the Sherman Act does not exclude
every limitation of trade, only those that are perverse. For instance, ... Show more content on
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The Supreme Court states that all violations of the Sherman Act will correspondingly violate the
Federal Trade Commission Act. However, the FTC does not officially administer the Sherman Act,
they can bring cases under the Federal Trade Commission Act in contrast to the same class of
actions which violates the Sherman Act. The Federal Trade Commission Act correspondingly,
influence additional practices that harm competition, however, may not fit precisely into particular
classes of conduct officially prohibited by the Sherman Act; only the Federal Trade Commission can
bring cases under the Federal Trade Commission Act (The Antitrust Laws,
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Antitrust Law And The Antitrust Laws
ANTITRUST
Antitrust law in the United States is a collection of federal and state government laws regulating the
conduct and organization of business corporations with the intent to promote fair competition in an
open–market economy for the benefit of the public. Congress passed the first antitrust statute, the
Sherman Antitrust Act, in 1890 in response to the public outrage toward big business. In 1914,
Congress passed two additional antitrust laws: the Federal Trade Commission Act and the Clayton
Act. (The Antitrust Laws. Web.)
Section 1 of the Sherman Antitrust Act prohibits the efforts of multiple firms to restrain trade by
controlling prices and supply in a market (46 Case W. Res. 1033). In terms of a professional sports
league, a ... Show more content on Helpwriting.net ...
J. 121).
In 1961, Congress passed the Sports Broadcasting Act which allowed major professional sports to
pool the broadcast rights of its member clubs to negotiate television broadcast agreements that
normally would have violated federal antitrust laws. (21 Jeffery S. Moorad Sports Law Journal 577)
This antitrust exemption enabled the NFL to protect its primary revenue source of live attendance by
negotiating with the networks as to when and where games would be televised.
Five years later, in 1966, Congress passed the Public Law 89–900 which had a major impact on how
the NFL would be examined under federal law. The statue contained an antitrust provision that
allowed for the merger of the National Football League (NFL) and American Football League
(AFL) without the threat of an antitrust challenge under the Clayton Antitrust Act or Federal Trade
Commissions Act. The act stated that: "such laws shall not apply to a joint agreement by which the
member clubs of two or more professional football leagues, which are exempt from income tax
under section 501(c)(6) of the Internal Revenue Code of 1954, combine their operations in expanded
single league so exempt from income tax, if such agreement increases rather than decreases the
number of professional football clubs so operating, and the provisions of which are directly relevant
thereto." 15 U.S.C. § 1291. The merger between the NFL and AFL represented a unique
characteristic of the
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The Current System of Collegiate Athletics and the NCAA
The current system of collegiate athletics and the NCAA Meggyesy, David. "Athletes In Big–time
College Sport." society 37.3 (2000): 24–28. Print. The NCAA has become a revenue generator as
college athletics have become a multi–billion dollar sports entertainment enterprise. The most
prominent contradiction with the NCAA is that amateur rules are applied to the athletes, while the
rules of the market apply to the university's athletic departments. By classifying athletes as "amateur
student athletes" the college athlete labor market does not fall under federal or state antitrust laws or
state workers compensation laws. The NCAA member schools are allowed to set the wage for the
student athlete and not give benefits to players who suffer injury. Due to the rewards being bestowed
onto the NCAA member schools and not the student athletes who produce the product, this system
can be described as exploitative. The student athlete receives an athletic scholarship with the
intention that student athletes will receive a quality education for four years of athletic service.
Though, the low graduation rates among the main revenue sports show that the university does not
live up to end its end of the deal. Due to the rising tide of student athlete protests, the NCAA
instituted Prop. 48, which changed the four year athletic scholarship to a one year renewable grant.
This allowed the athletic departments and head coaches the ability to control a misbehaving player
by terminating their
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Antitrust Laws Of The Sherman Act And The Ftc Act
Antitrust are a series of laws designed to protect competition in the marketplace. Antitrust laws
prevent restraints of trade or commerce. Black's Law Dictionary defines antitrust laws as "[t]he body
of law designed to protect trade and commerce from restraints, monopolies, price–fixing, and price
discrimination." The main law regulating antitrust is the Sherman Antitrust Act, which makes it
illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other
law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any "
[u]nfair methods of competition." This law serves as the basis for the majority of Federal Trade
Commission lawsuits such as Dental Examiners. The ... Show more content on Helpwriting.net ...
While the Court found that the standards were an antitrust activity, it was not unreasonable because
it was for the purpose of protecting athletes, not controlling the market. In summation, antitrust laws
prevent only unreasonable restraints of trade, which is based upon the circumstances of the
restriction.
Goals of Antitrust Law
Antitrust laws are meant to protect competition in markets. They try to ensure that all individuals
have an "equally opportunity in honest competition." Early in the nation's history, there was
widespread fear of the dangers of monopolies and other restrictions on competition. In 1890,
Congress passed the Sherman Antitrust Act to prevent limits on competition caused by private
parties. Thus the main goal of antitrust law is to preserve "economic freedom" and a "free–enterprise
system." Specifically, it attempts to preserve "the freedom to compete" for businesses. In a practical
sense, antitrust laws are seeking to prevent burdens on competition in the marketplace.
Damages in Antitrust Lawsuits Antitrust plaintiffs have many different remedies available to them
under Federal antitrust law. Plaintiffs can receive damages for any loss they sustained from the
antitrust activity. For example, if an antitrust activity prevented a salesperson from conducting their
normal profession then that person would likely be able to recover damages for that loss. In antitrust
law, plaintiffs receive "treble damages,"
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Antitrust Law
| ANTITRUST LAW | | Name –Manpreet Kaur [Date] | "The mission of the Antitrust Division is to
promote economic competition through enforcing and providing guidance on antitrust laws and
principles". Antitrust laws have been developed to create the strong foundation of a free &
open market of a vibrant economy. Market is so competitive now a days, there are so many options
available for products & services, which is the result of antitrust laws. Antitrust is developed to
help both consumers & business owners. "These laws promote vigorous competition and
protect consumers from anticompetitive mergers and business practices" Antitrust laws are
developed by the U.S. Government, also commonly known as "competition ... Show more content
on Helpwriting.net ...
How antitrust law does helps consumers? Antitrust law is created to promote healthy completion,
which eventually benefits the end users by ensuring the product & service prices remain low
& affordable for most. It also helps build a better market, by ensuring open & free
completion. In a freely existing market, every competing entity o business usually play by their
rules, they would use attractions such as low price by cutting the already reduced prices or by
increasing the level of their service or quality of the product .Fair practices , the profit opportunities
and Competition also act as a stimulator for business. This stimulator helps business find innovative,
new as well as more efficient methods of production. This also improves the overall quality.
Consumers are the end user of products & services. Antitrust law makes products &
services more affordable by lowing the prices & better products as well as services. Antitrust
law have made it harder for companies to survive because of the level of competition, so only the
best survives, companies who fail to meet & understand the needs of customers slowly elope
due to the competitive battle. "When competitors agree to fix prices, rig bids, or allocate (divide up)
customers, consumers lose the benefits of competition. The prices that result when competitors
agree in these ways are artificially high". Higher prices won't always reflect the accurate cost, so
therefore
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Ftc Settlement Order Bars Texas Doctors ' Group From Joint...
FTC REVIEW AND DISCUSSION:
FTC Settlement Order Bars Texas Doctors ' Group from Joint Price Negotiations
Review:
The following allegation is upon Southwest health alliance who runs under BSA provider network in
the region of Amarillo, Tyler, TX who is believed to be respondent under section 5 of Federal Trade
Commission Act where the Respondent has exhibited Anticompetitive Conduct in the market and
which incurred the reduction of consumer benefits in the healthcare market. Upon being proved
guilty of allegations, Federal Trade Commission along with the help of Office of Texas Attorney
General purposed few judgements in the form of consent order which involves settlements purposes.
In detailed overview of this allegation, Federal Trade ... Show more content on Helpwriting.net ...
For all this contracting procedure, physicians can opt to choose a messenger which is known as
''messenger model'' under this the messenger can accept the contract terms from the payers and
should inform the physicians and collect the decision unilaterally whether physicians agreed to the
terms or not. Similarly, with the consent of physician group messenger can offer the proposed
contract by the physicians to payers.
In this instance, BSA Provider Network as a messenger under the contracting terms of '' messenger
model'' was implemented has made a conspiracy plot of making its own decisions by making its
own fee schedule instead the decision should be coming from the physicians association in receiving
and offering contracts to the payers. Although, BSA provider network has fixed charges many
physicians would provide healthcare procedures under their own fee–for–schedule to independent
patients, self–insured employers coming out of the terms of BSAPN. Also, BSA provider network
many renegotiations with several payers on behalf of physicians intending that the independent
physician
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The Antitrust Laws Are Really Competition Laws That Are...
Abdurhman Alsadi Prof. Joshua Long Exam #3 04/14/2016 Question #1 The antitrust laws are
basically competition laws that are aimed at protecting the consumers from predatory businesses out
who may be out to defraud consumer and to limit the practice of free and fair competition in the
market. The major objective of these laws was majorly meant to curb business practise vices such as
price–fixing, bid–rigging, and market allocations. In USA, the antitrust law is cascade into two
major categories, the federal antitrust laws, and state antitrust laws. The first antitrust law in USA
was the Sherman Act of 1890. This law mainly address the "unreasonable restraints of trade" which
are perceived to be monopolizing with foreign entities and restraint of businesses from operations in
the form of contracts and conspiracies in business combinations. The second major antitrust law is
the Clayton Act brought in 1914 which widened the scope of the Sherman Act for include
impermissible activities such as price discrimination between different purchasers if such
discrimination tend to create a monopoly; exclusive dealing agreements, tying arrangements, and
mergers and acquisitions that substantially reduce market competition. The third major antitrust law
were the Robinson–Patman Act of 1936. This came as an amendment to the Clayton Act, which
aimed at outlawing certain practices where manufacturers discriminated in price between equally
situated distributors to decrease competition. The
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Antitrust Laws In The Airline Industry
The role of antitrust laws, established in 1890, in the private sector for all the different types of
businesses was to end price discrimination for customers and prevent monopoly expansion, and
restrict combined market control. The one area of the regulation vs deregulation era I would like to
discuss briefly about is President Jimmy Carters' Airline Deregulation Act.
As soon as regulations for airline travel was lifted, new competitors emerged and existing
companies scramble to satisfy their market control. With the explosion of airlines offering a list of
new services as well as employing nonunion pilots and workers to cut costs and expand profit.
Many airlines cater a variety of different social classes from super expensive flights to the cheap
"no–frills" flights. The large airline companies, which had originally got accustomed to the
government–set fares and the guaranteed that all costs would be cover, found themselves in disarray
satisfy the services offered by the new competition. Despite that the deregulation was excellent for
competitive airline businesses to offer many services that strategically cut costs for profit. It affected
the customers with pricing, additional fees, and complicated service options. As of result, many
airlines end up purchasing and merging other airlines to gain market control. The rest of the many
airlines businesses filed for bankruptcies and liquidations.
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National Collegiate Athletic Association : Basketball...
Important Facts On July 21, 2009, former University of California at Los Angeles (UCLA)
basketball star, Edward O'Bannon, Jr filed suit against the National Collegiate Athletic Association
(NCAA), Electronic Arts (EA) and Collegiate Licensing Company (CLC) over the use of former
and current players' images in DVD's, video games, photographs, apparel and other material while
prohibiting current and former Division 1 NCAA players from receiving any compensation. Mr.
O'Bannon believed this is a violation of the Sherman Antitrust Act (1890). The NCAA disagrees
with the charges as presented and stated that the rules regarding compensation to student athletes are
necessary to protect collegiate sports and the educational mission of the colleges involved. The
NCAA was established in 1950 and currently has over 1,100 colleges. The NCAA has a broad range
of rules, but for the purposes of the case, the rules in question deals with eligibility requirements, the
number and size of scholarships each school can offer, and whether the student athletes can be
compensated and for what they can be compensated for. All of these variables are under the strict
control and decision of the NCAA, which currently states that student athletes cannot receive
compensation outside of the set rules. The student athletes are considered as being compensated by
scholarships and higher education but are limited to compensation that require the student's athletic
skills to be performed outside of
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Antitrust Law
Software has become an integral part of our society. The economic success of our country depends
on the success of the software industry. ``Open source ' ' software, software which users are allowed
to modify and redistribute, is a very important part of the software industry
Copyright and patent laws are inappropriate for computer software, their imposition slows down
software development and reduces competition. Computer software has become more and more
important. Software has played an important part in the world. Computers have most likely played
an important role in all our lives, from making math easier with calculators, to having money on the
go with ATM machines. But software is completely defenseless, as it is more or less ... Show more
content on Helpwriting.net ...
This stagnates the computer industry; it used to be that company A would retaliate by making better
software"[4] (By Del Guercio 22–24).
Let 's say mouse support. Now, it cannot happen to mouse support as it is today, but in the future,
something undoubtedly will replace the mouse as the preferred method of input, for instance, in
what may be a virtual reality future think the glove may be the input device. Anyway, say it did
happen to mouse support. Every single program that uses mouse support would have to pay a fee for
the rights to do so. This would result in higher software prices, and reduced quality in the programs,
as they have to worry about the legalities more. Needless to say, the patenting of software is not a
widely encouraged policy, mostly loved by large corporations like Lotus and Microsoft. Smaller
companies and most often consumers are generally against it. Even with all the legal problems I 've
mentioned that arise with current laws, that is not all. The complexity of software protection laws
brings up a large degree of confusion.
And the patent last 17 years, is too long for the software industry. I believe that the time–period is
too complicated for an industry that changes every five years. And the main use of software patents
is to block out competition. It claims that the government 's policy to allow cross–licensing benefits
companies that have large patent portfolios at the expense of their smaller competitors.
There
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Google Antitrust Laws Essay
The European Union started to inspect whether Google breached antitrust laws. They filed charges
against Google and opened an examination of Google's Android system. The European Union sent
Google an official grievance. They could charge Google up to 6.4 billion dollars if they discovered
that they are in the wrong. The EU believes Google is using their power as the leading search engine
to remove competition from other specialized search engines, such as shopping websites, by ranking
its own Google shopping results at the top of the list. In 2010, Foundem, a shopping website based
in Europe, brought a suit against Google, which is what brought Google to the EU's attention
(Finely, 2015). The EU will also be looking into Google's Android products ... Show more content
on Helpwriting.net ...
Page has given his employees a lot of amazing extras to enjoy while at work, which include free
food, access to gyms, and flexibility. Page believes in innovation so he wants his employees to work
on projects they are excited about. He thinks this will get others excited about the project too. His
goal is to make his employees feel they have great opportunities, are making a difference, and
donating to society. Page wants Google to feel like a family which will, in turn, make them what be
more of a part of the company. He believes the extra incentives he gives his employees help people
see the company as a family and make them more productive. Page also believes in focusing on
production more than on working regular work day hours. Google will continue to evaluate their
worker associations so they can continue to do what is right for them. Page wants the company to
put an emphasis on health care so there are gyms at Google locations and they have doctors on the
site. He also says he believes in having flexibility so his employees can have a healthy balance of
work life and family life. His main belief is that if you give people respect, they will do the same for
your company (Lashinsky,
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Essay about The History of the Antitrust Laws
In the 1800's there were several businesses known as trusts. These "trusts" owned the entire industry.
Railroads, sugar, oil, and steel were some of the major products that were controlled by these trusts.
U.S. Steel and Standard Oil were two big companies that were famous for controlling their product
and the industry it was a part of. The oil industry was an easy industry to be monopolized because
the deposits were rare. The Standard Oil Company was incorporated by John D. Rockefeller in Ohio
in 1870. At the time, the refining business was highly competitive, and Standard Oil had more than
250 competitors. Rockefeller and his associates took advantage of both the scarcity of oil and the
returns produced from it to lay down a ... Show more content on Helpwriting.net ...
U.S. Steel stayed at a stand still in improvement as minor companies consumed more and more of
its market share.
The trusts set the price because they had no competitors. The prices of the products went sky high.
This was a good thing for the business but a terrible thing for the American public. The products did
not have to be the best because only one company was producing them; so the consumer either paid
the puffed up price or went without. America pushed the government to make a change. President
Theodore Roosevelt enforced the Antitrust Laws which stopped many businesses from controlling
the entire market. It allowed for more competition in the market. The U.S. constitution passed
several laws to encourage competition by banning unjust ways of competition.
The antitrust laws ban unlawful mergers and business practices in broad terms, leaving courts to
choose which ones are illegal based on the details of each case. Courts have applied the antitrust
laws to varying markets, from a time of picking blackberries to texting on them. Yet for over one
hundred years, the antitrust laws have had the same fundamental purpose: to keep the practice of
competition for the benefit of customers, making sure there are strong incentives for businesses to
function efficiently, keep prices down, and keep quality up.
Trusts and monopolies are a lot of riches in the hands of a few. Trusts and monopolies are
considered damaging
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Antitrust Investigation On The Anti Monopoly Law
Title page
Antitrust Investigation
Zhou Xiaoyan torimichelle74@gmail.com Table of Contents
Abstract........................................................................................... page 2
Introduction....................................................................................... page 2
Investigation and Costs.......................................................................... page 3
How Society was Affected ..................................................................... page 3
Conclusion.......................................................................................... page 4
References........................................................................................... page 5 Trust Issues Abstract:
The article reports on the anti–trust investigations performed by the Chinese authorities to the
business enterprises in acquiescence with the Anti–Monopoly Law in 2014. Corporations that were
investigated by these authorities embrace the automobile dealer Chrysler collection China ... Show
more content on Helpwriting.net ...
14). The contents of this article applies to certain aspects of economics by responding to the
following questions:
1. Why were these specific companies considered for antitrust behavior investigations?
2. What are some pecuniary and no pecuniary costs related to the antitrust behavior?
3. Do monopolies and oligopolies always reflect negatively on society?
4. What is an example that shows how monopolies and oligopolies can benefit society?
Investigation and Costs Chinese consumers were complaining about being charged too much when
buying cars, auto parts, and maintenance services arose, so did many reports of fines from several
car companies. "On September 11, the FAW–Volkswagen Sales Co., together with seven dealers of
its luxury brand, Audi, were fined heavily. The same day, Chrysler Group China Sales Ltd. and three
of its dealers were also held subject to financial penalties" (Xiaoyan, 2014, p. 15). This caused
authorities to specifically investigate Mercedes, Audi, BMW, Qualcomm Incorporated and Japanese
auto part makers. Therefore, the antitrust behaviors in this particular case consist of pecuniary costs,
which are costs of or relating to money. Moreover, these antitrust behaviors are in violation of a
specific act, which would be the Sherman Act. Violations of the Sherman Act include price–fixing,
bid–rigging and market–allocation
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Antitrust Laws Research Paper
The purpose of antitrust laws is to both promote and protect competition. They aren't designed to go
after big companies simply because they are bigger or more successful than others in their industry.
They aren't anti–market or anti–business. They are intended to be just the opposite, in fact. They are
meant to promote successful market economics through the assurance of healthy competition while
keeping abuses of the system in check that could overrun the market.
The name came from the specific situation that inspired their inception: checking the abuses of the
huge "trusts" that emerged in the late 19th century. The massive trusts controlled or very nearly
controlled entire markets in major areas (i.e. steel, petroleum, rail transport,
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Antitrust Laws In Sports
"An athlete is not crowned unless he competes according to the rules" (2 Timothy 2:5). Antitrust
laws have been in place since the 1600s. The laws were first introduced in England. In the United
States they were not put into practice until after the Civil War. Such laws were not needed due to the
lack of large business, but after the Civil War, industry in the United States began to grow. It was
feared the larger companies would overtake the smaller businesses and be in control. As a result, a
Senator, named Sherman, established the antitrust law called the Sherman Act (Tudor, 2012). The
antitrust laws, put in place, were created to inhibit one sole business from having more power over
another. Within the context of the Sherman Act is the Statute of Monopolies (Tudor, 2012). A
monopoly is the "complete control of the entire supply of goods or of a service in a certain area or
market" (Monopoly, n.d.). This statue is essential in ... Show more content on Helpwriting.net ...
It is a billion dollar business. Each league generates a lot of revenue and relies on the other
franchises with the organization to survive. Each league also has complete control over its own
respective sport because there is no competition driving them to follow regulations. The statute of
monopolies is one area each league fails to comply with. It is also an area the government fails to
regulate in regard to professional sports (Grow, 2015). Price fixing occurs at the professional level
and nothing is done about it. There is nothing that stops a professional franchise from raising prices.
These individual teams rely on the increase of ticket prices to help with the increasing player
salaries. The leagues have the opportunity to take advantage of the situation because of their
position. The consumers of the sport industry are unique and provide the leagues with leverage. Fans
want a product and are willing to pay to see it (Piraino,
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The Ethics Of The Antitrust Laws Essay
Review Article on the purpose of the antitrust laws is to protect and support free competition
Dr Gaurav Khanna, – Associate Professor, Madhav University, Rajasthan, India.
Dr. Deepak Bhandari – Professor, FDDI, Jodhpur, Rajasthan, India.
Abstract:
As per review on many journal, articles and bylaws we come to know that it is not an alternate for
sound lawful guidance and does not take the place of knowledgeable lawful counsel required in
analyzing exact problems. Competition strategy encroaches ahead all aspects of marketplace able
behavior and policy. In India, companies have to act in accordance with opposition laws, both in
family member to transactions and marketplace able performance. Before the Competition Act 2002
came into outcome the MRTP Act, 1969 was the governing legislation in admiration of the
competition guiding principle in India.
In this article we would like to through light on safety towards free competitions, advertisement and
promotions, monopoly power, different acts working under antitrust etc. we also through light on
different aspects on you and your customer and competitors itself. We represent clients before the
Competition Commission. We also conduct due industry with respect to all merger, acquisition, joint
venture with suitable anti–trust safeguard procedures and policies. Keywords: Antitrust laws, free
competition, legal allegations and penalties.
Introduction :
This discussion is not intended to be a legal treatise or a detailed
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Antitrust Laws: A Comparative Analysis
The first solution to handling a monopoly is by making it a competitive. By doing this, the
government intervenes through the Antitrust Laws. The second solution is by regulation in which
the government closely watches the behavior of a monopoly and regulate prices. The third way is
public ownership in which the government comes in and takes over production. Finally the fourth
solution is doing nothing at all. In this solution there is no intervention at all and the monopoly is
left to its own devices.
Of all four solutions to handling a monopoly, there is no superior answer. For the competitive
solution, a monopoly should be used when two top companies want to merge and become one.
Through the Antitrust Laws the government can examine the
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Antitrust Laws Of The Sherman Act And The Ftc Act
A preliminary question is what are antitrust laws? They are a series of laws designed to protect
competition in the marketplace. Antitrust laws prevent restrains of trade or commerce. Black's Law
Dictionary defines antitrust laws as "[t]he body of law designed to protect trade and commerce from
restraints, monopolies, price–fixing, and price discrimination." The main law regulating antitrust is
the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or
commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal
Trade Commission Act, which prohibits any "[u]nfair methods of competition." This law serves as
the basis for the majority of Federal Trade ... Show more content on Helpwriting.net ...
What is the goal of antitrust liability? Antitrust laws are designed to protect competition in markets.
Early in the nation's history, there was widespread fear of the dangers of monopolies and other
restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act in order to prevent
limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve
"economic freedom" and a "free–enterprise system." Specifically, it attempts to preserve "the
freedom to compete" for businesses. In a practical sense, antitrust laws are seeking to prevent
burdens on competition in the marketplace.
When Are States Immune from Antitrust Liability?
To understand antitrust immunity, one must understand the different tests the United States Supreme
Court has applied to state's agencies and boards to determine immunity. Courts largely use two tests
to determine whether an entity has immunity from antitrust laws. Both tests provide the same
immunity, but they require the entity seeking the immunity to prove different requirements. The first
test is the sovereign actor test, and it provides immunity to state actors using sovereign power. The
second test, known as the Midcal test, asks whether the entity seeking immunity is following a
clearly articulated state policy, and whether the entity is actively supervised by the state. Both of
these tests are
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The United States Antitrust Laws
INTRODUCTION Through the course of this paper I will introduce and discuss the history of the
movement towards an actively and engaged antitrust legislation. I will also identify the original and
early antitrust laws and how they have influenced the economy, as we know it today. Upon the
completion of this paper you will understand who was set to benefit (gain) from anti legislation and
who loses under the intentions of the antitrust laws today and in the past.
LITERATURE REVIEW The United States antitrust legislation is a legislation designed to break up
and prevent the formation of new monopolies to increase competition and societal welfare. Thus the
United State Antitrust law is a collection of both state and federal government laws enacted to
promote fair competition in the economy. The antitrust laws main statutes consist of the Sherman
Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914. In
combination these acts have enforced the proper rules and regulations that businesses must conform
to today to ensure that there is a healthy competition within the economy to not only the benefit of
the consumers who utilize these services and goods but for the health of the businesses who make
up our market industries. While Rockefeller's Standard Oil is a well known example of an early
monopoly a few other examples of early monopolistic companies are known as The Whisky Trust,
and the Tobacco Trust, Sugar Trust and J.P. Morgan's U.S. Steel
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The Antitrust Laws Of The Federal Trade Commission Act
3. Socio – Political Environment
a) Antitrust Laws The first antitrust law passed by Congress was the Sherman Act, in 1890. In 1914,
Congress passed two other antitrust laws: The Federal Trade Commission Act, which created the
Federal Trade Commission, and the Clayton Act. With some revisions, these are the most important
federal antitrust laws still in effect today. Section 7 of the Clayton Act prohibits mergers and
acquisitions when the effect "may be substantially to lessen competition, or to tend to create a
monopoly." (ftc.gov) The antitrust laws proscribe unlawful mergers and business practices in
general terms, leaving courts to decide which ones are illegal based on the facts of each case. For
over 100 years, the antitrust laws have had the same basic objective: to protect the process of
competition for the benefit of consumers, making sure there are strong incentives for businesses to
operate efficiently, keep prices down, and keep quality up. The enforcement authorities of the
federal antitrust laws are The Federal Trade Commission and the U.S. Department of Justice (DOJ)
Antitrust Division (ftc.gov).
b) Airline Industry Regulations
The first federal government regulations of the interstate airline industry were the Air Mail Act of
1925 and the Air Commerce Act of 1926. Additional federal regulation of commercial aviation was
imposed with the passage of the Civil Aeronautics Act of 1938.
The Civil Aeronautics Act created the Civil Aeronautics Authority, which
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Antitrust Laws Research Paper
A. Collectively there are four major pieces of legislation that make us the Antitrust Laws: The
Sherman Act of 1890, the Clayton Act of 1914, the Federal Trade Commission act of 1914 and the
Celler– Kefauver Act of 1950. The purpose of these acts and laws is to regulate trade and commerce
by preventing unlawful restrictions, price fixing and monopolies; their goal is to promote
competition and to encourage the production of quality goods and services at reasonable prices
while safeguarding the public welfare, while ensuring consumer demand is met via the production
and sale of those goods at reasonably low prices. Enforcement of the antitrust laws depends largely
on two agencies: the Federal Trade Commission (FTC) and the Antitrust Division ... Show more
content on Helpwriting.net ...
The Equal Employment Opportunity Commissions (EEOC). Enacted in 1964. is responsible for
enforcing federal laws that make it illegal to discriminate against a job applicant or an employee
because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or
older), disability or genetic information, (Sex–stereotyping). The laws apply to all types of work
situations, including hiring, firing, promotions, harassment, training, wages, and benefits. EEO
Posters must be posted in a visible location in the workplace where notices to applicants and
employees are typically posted. ("Equal Employment Opportunity Commissions."
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Disadvantages Of Antitrust Law
Chief Justice Roberts stated courts in the U.S. have historically granted injunctions upon a finding
of infringement since the 19th century. The Antitrust Division in the U.S. also admits a patent
owner's "rights to exclude are similar to the rights enjoyed by owners of other forms of private
property" in the Antitrust Guidelines for the Licensing of Intellectual Property. Therefore, as a
fundamental principle, "antitrust law does not generally prohibit the holder of any other property
right from seeking an injunction to vindicate that right." The FTC has the right to regulate "unfair
methods of competition" and "unfair or deceptive acts or practices" under Section 5 of the Federal
Trade Commission Act. During the past two decades, the FTC has been heavily involved in several
high–profile SEP disputes, including Dell Computer Corp., N–Data, Rambus Inc. v. FTC, Motorola
Mobility, and Bosch GmbH. The FTC generally invokes competition law as a basis for investigation
over these cases under Section 2 of the Sherman Act and Section 7 of the Clayton Act. The
particular concern ... Show more content on Helpwriting.net ...
These consent agreements mostly impose strict requirements for an SEP holder to seek injunctive
relief. For example, in Bosch GmbH, the FTC dictated that Bosch GmbH can only seek injunctions
against an unwilling licensee. The unwilling licensee shows unwillingness by refusing to accept the
SEP holder's offer of a license on F/RAND terms, or a court's determination. In Motorola Mobility,
the order prohibits Google/Motorola from making any future claims for injunctions over a F/RAND
Patent against a potential licensee. This unwilling licensee similarly should refuse (1) a F/RAND
offer either in writing or in sworn testimony, (2) a court order, (3) a binding arbitration–determined
F/RAND terms, or (4) simply not replying to the written confirmation requested in a F/RAND
Terms from an SEP
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Antitrust Laws Limit Corporate Aqusition
Introduction
Since the late nineteenth century, the federal government has challenged business practices and
mergers that create or may create a monopoly in a particular market. Federal legislation has varied
in effectiveness in terms of preventing anti–competitive mergers.
Antitrust law is enacted by the federal and various state governments to (1) regulate trade and
commerce by preventing unlawful restraints, price–fixing, and monopolies; (2) promote
competition; and (3) encourage the production of quality goods and services with the primary goal
of safeguarding public welfare by ensuring that consumer demands will be met by the manufacture
and sale of goods at reasonable prices.
Antitrust law seeks to make enterprises compete ... Show more content on Helpwriting.net ...
ANTITRUST LAWS AND CASES
Sherman Anti–Trust Act
The Sherman Antitrust Act (15 U.S.C.A. § 1 et seq.) was the first federal antitrust statute. SEC. 1, 2,
and 3, stated that every contract, combination in the form of trust or otherwise, or conspiracy, in
restraint of trade or commerce is declared to be illegal; and person who shall monopolize, or attempt
to monopolize or combine or conspire with any other person or persons shall be deemed guilty. The
Act also entitled to create Federal Trade Commission, and to define its powers and duties. However,
its application to mergers and acquisitions has varied, depending on its interpretation by the U.S.
Supreme Court.
Northern Securities Co. v. United States: Petition under the Sherman Act file March 10, 1902, in the
Circuit Court, District of Minnesota, against the Northern Securities Company had acquired and was
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Competition Laws or Antitrust Laws Essay
Competition laws or antitrust laws are to assure that all consumers that they have the opportunity to
pay the lowest price added to with a higher quality of products and services they are utilizing.
"Using dominant industry power to secure favorable product prices from buyers, even though such
prices are unavailable to weaker companies in the same industry, is generally a violation of antitrust
laws" (SBA GOV2011).Currently competition laws enables every single person to do business in the
market. "The importance of the development of an effective framework for competition policy lies
on its ability to enhance international trade, multilateral cooperation and the flow of investments
Especially towards developing and least–developed ... Show more content on Helpwriting.net ...
Competitors pressure each other to be more efficient, to be lenient and rudeness. This is the very
essence of capitalism. It is wrong thing to say that only the consumer benefits. If any type of firm
improves itself, re–engineers its production processes, introduces new management teqniques,
modernizes in order to battle the competition, it stands to reason that it will lurks the rewards .
Competition benefits the economy, as a whole, the consumers and other producers by a process of
natural economic selection where only the fittest survive. All over the world competition on the
decisions made by management with regards to make difference, as we all see technological changes
and advancements in every sector of the world this also goes for the shipping industry. This access
of the computers and Internet make much more the possibility of market for a business to get more
consumers into their online stores. Many organizations are resorting to the big shipping companies
in the market and this shows how the relationship between major online businesses and shipping
companies is crucial. Since this businesses rely on shipping this should be the fundamental focus of
any shipping business. This relationship should extend to consumers so they know whom to go for
when they need to ship anything. Low pricing and quality service is critical to thrive within the
shipping industry. Furthermore, the unions are crippling
... Get more on HelpWriting.net ...

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Microsoft Antitrust Laws Essay

  • 1. Microsoft Antitrust Laws Essay In today's high tech and fast paced society, there is no doubt that personal computers are one of the most important aspects of our daily lives. Microsoft, well known for being the dominant firm in the market for computer operating systems, has been battling the United States Government on account of violating the United States antitrust laws. These laws prohibit companies from forming monopolies or attempting to dominate a specific market (cite). Since the early 1990s, Microsoft has been charged with attempting to monopolize the computer operating system market (cite). The U.S. government believes that Microsoft tried to do this by integrating Internet Explorer into the operating system in an attempt to eliminate all other competition (cite). ... Show more content on Helpwriting.net ... Rather the laws are used primarily by federal authorities to rein in firms that exercise excessive market power and to the limit the way in which firms compete with one another" (cite). If a firm, Microsoft for example, is trying to run as a monopoly, the federal authorities are in charge of limiting firms who have too much market power so that other firms will be able to compete instead of having one firm that dominates the market. According to the United States Department of Justice, when the final settlement was reached in 2001, Microsoft has to comply with a range of enforcement procedures which prohibited them from attempting to form a monopoly in the future (cite). A few compliance and enforcement procedures include, enforcing a compliance committee to enforce the Final Judgment, appointing a technical committee to assist in enforcement of and compliance with the Final Judgment, appoint a Microsoft internal compliance officer, complying with third party complaints concerning Microsoft's compliance with the Final Judgment (cite). If Microsoft did not comply or they violated their prohibited conducts, they face heavy penalties ... Get more on HelpWriting.net ...
  • 2.
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  • 5. Antitrust Law Violation Of Antitrust Laws Antitrust Law Violations Introduction This paper will discuss the Google case that was presented by Microsoft stating that Google was in violation of antitrust laws. Also, in this paper some of the pecuniary and non–pecuniary costs will be discussed. Given in this paper will also be my thoughts on monopolies and oligopolies. Antitrust Case Google was investigated for antitrust behavior because they were claimed to be an "internet bully that abuses its dominance of online search and advertising" (STEINHAUSER & LIEDTKE, 2011, p. 1). Google was doing things like buying smaller companies in search results but then labeling/highlighting their own services instead. Being that Google was knocking out the competition by only showing their results ... Show more content on Helpwriting.net ... When dealing with market structures and considering Google as a monopoly, the characteristics of the monopoly market structure fit. In a sense, Google is being seen as the only producer for internet search, and is trying to make it seem through their practices that they are the only reliable business in the industry. Because of the overwhelming market power Google is gaining through the use of other smaller companies, other businesses such as Microsoft, are beginning to feel that the competition being created is unfair and favored. Especially with Google blocking out their results as the search engine is used. Antitrust as Investopedia pointed out, "prohibits a variety of practices that restrain trade," ("Antitrust Definition | Investopedia", n.d.). According to the complaints of Microsoft, Google was in violation of the Sherman Act of 1980. The Sherman Act states that, "public is best served by free competition in trade and industry," ("Sherman Anti–Trust Act legal definition of Sherman Anti–Trust Act", n.d.). Also, the Sherman Act points out that, "it prohibits monopolies attempts to monopolize, or conspiracies to monopolize." ("Sherman Anti–Trust Act legal definition of Sherman Anti–Trust Act", n.d). By blocking out their rivals, and not giving them an equal opportunity to display the information related to the searches of the consumers, Microsoft felt this was a violation of the Sherman Act. On another note, after reading the research ... Get more on HelpWriting.net ...
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  • 9. Microsoft Antitrust Law Case On October 19, 1998, Microsoft was in a courtroom. The technology giant and household name was on trial for monopolizing the software industry. They were accused of forcing computer makers to use their internet browser as part of the Windows software. In the process violated Section 1 and 2 of the Sherman Antitrust Law. According to Section 1 of the Sherman Antitrust Law, companies are prohibited to make "agreements in restraint of trade––such as price– fixing, refusals to deal, bid–rigging, etc. The parties involved might be competitors, customers, or a combination of the two." (economics) Section 2 of the Sherman Antirust Law states that no company is allowed to monopolize or attempted to monopolize in their industry. Through anticompetitive means, Microsoft began to push ... Show more content on Helpwriting.net ... Zichy 2 On November, 1990, Judge Thomas Penfield Jackson declared that Microsoft was acting as a monopoly in the personal computer operation systems market and was taking actions to eliminate opposing companies. After the ruling, Microsoft appealed and the D.C. Circuit Court of Appeals overturned Judge Jackson's rulings. They decided not to break up Microsoft and would give them a less harsh antitrust penalty. Microsoft decided to create a settlement with the companies it harmed. The settlement required Microsoft to share it application programing interfaces and required three people to have full access to Microsoft's system, records, and source code for five years. In my personal opinion, I think that it is unfair for someone to break the law and get caught and not receive the punishment they deserve. Microsoft got a slap on the wrist for their actions. This decision by the courts set a precedent for other companies in the future. They will look at this case and see how they can get away with trying to monopolize the market. When companies try to monopolize the market, competition is destroyed. Microsoft should have been punished ... Get more on HelpWriting.net ...
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  • 13. The Decision For Us Federal Antitrust Law In seeking to understand the Supreme Court's judgement in Leegin, two questions immediately come to mind. Firstly, why would the manufacturer seek to establish a minimum retail price for its product? Secondly, what are the consequences for consumer welfare, if the manufacturer succeeds in maintaining a higher retail price?. The first part of this paper attempts to answer these questions whilst deliberating on the majority and minority judgements of the US Supreme Court in Leegin and the significance of the decision for US federal antitrust law. The second part of this paper compares the US Federal and EU approaches to RPM. Several economic theories postulate enhanced consumer welfare as a reason why a manufacturer might endorse a policy ... Show more content on Helpwriting.net ... The economic logic of RPM is to redirect retailers' competitive activities from prices to customer service. Factors such as price, quality, design and customer service on the part of retailers affect the demand for differentiated consumer goods. Therefore, by assuring resellers that they will not face discount price competition from other resellers of the same brand, minimum RPM agreements encourage retailers to invest in services or promotional efforts to sell that brand against competing brands. So although RPM may diminish intra–brand price competition among retailers selling the same brand, Grimes argues that it compensates for this by enhancing inter–brand competition between retailers as a result of the increase in intra–brand service competition . Affirming this theory, the Supreme Court recognized in Continental TV that, "when inter–brand competition exists......, it provides a significant check on the exploitation of inter–brand market power because of the ability of consumers to substitute a different brand of the same product" . Mathewson and Winter suggest that increased consumer demand due to enhanced retail services , elicited through a protected retail margin, will more than offset a negative impact on demand of a higher retail price. Thus, RPM allows manufacturer to influence the supply of retail service by controlling its retailers' margins, thereby using retail service as an instrument of inter–brand competition. This ... Get more on HelpWriting.net ...
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  • 16.
  • 17. AntiTrust Laws Essay AntiTrust Laws Introduction Competition in economics is rivalry in supplying or acquiring an economic service or good. Sellers compete with other sellers, and buyers with other buyers. In its perfect form, there is competition among many small buyers and sellers, none of whom is too large to affect the market as a whole; in practice, competition is often reduced by a great variety of limitations, including monopolies. The monopoly, a limit on competition, is an example of market failure. Competition among merchants in foreign trade was common in ancient times, and it has been a characteristic of mercantile and industrial expansion since the Middle Ages. By the 19th century, classical economic theorists had come to regard ... Show more content on Helpwriting.net ... For example, the Maryland State Constitution in 1776 stated that "Monopolies are odious, contrary to the spirit of free government... and ought not to be suffered". With the support of President Benjamin Harrison, Congress passed the Sherman Antitrust Act in 1890. John Sherman, a lawyer and senator from Ohio, was the author of this legislation that attempted to curb the growth of monopolies. The act declared illegal any business combination that sought to restrain trade or commerce. Penalties for violation of the act included a $5,000 fine or/and a year's imprisonment. The act was unable to achieve its original objectives. Despite its good intentions, the Act didn't hit all its targets. The Act emerged as a somewhat tenuous plan to break up the "big business" monopolies. The weaknesses of the Act are described by Chief Justice Stone: "The prohibitions of the Sherman Act were not stated in terms of precision or of crystal clarity and the Act itself does not define them. In consequence of the vagueness of its language, perhaps not uncalculated, the courts have been left to give content to the statute, and in the performance of that function it is inappropriate that courts should interpret its words in the light of its legislative history and of the particular evils at which the legislation was aimed." Ultimately, "there [was] no question that nearly everyone wanted to ... Get more on HelpWriting.net ...
  • 18.
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  • 20.
  • 21. Antitrust Laws And The Antitrust Division Of The U.s.... Antitrust laws are a collection of laws and regulations, put into place over time, to help govern the competiveness of large corporations. Enforced by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) ("Antitrust Laws," 2003), the laws help regulate ethical behavior between businesses to ensure that smaller businesses can compete with the bigger name corporations. Mergers and monopolies come into play and greatly affect how these businesses run. This paper will look at two different instances of possible violated laws and discuss the specifics. The first case deals with a pharmaceutical company, the second two telecommunications companies. One question being answered for both examples is what kind of ethical dilemmas are present. Read on as the cases are examined. Federal antitrust enforcers are investigating whether a multinational pharmaceutical company has attempted to minimize the impact of generic competition to one of its most profitable prescription drugs. This antidepressant drug is the company 's best seller, with sales last year of $2.11 billion, representing a 22% increase from the year before. The Federal Trade Commission (FTC) is conducting an investigation to determine whether the company engaged in activities to prevent generic alternatives to the prescription drug from entering the market. Specifically, the FTC is challenging a practice among brand–name and generic drug manufacturers to agree to ... Get more on HelpWriting.net ...
  • 22.
  • 23.
  • 24.
  • 25. The Federal Trade Commission Actively Enforces Antitrust Law The Federal Trade Commission actively enforces antitrust laws to organizations within the healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that enables hospitals and physicians to work cooperatively toward accomplishing several objectives (Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur when a PHO acts as a contracting arrangement for a network of healthcare providers. The network can consist of groups of physicians, one hospital or several, and also some other entities that offer a bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC states that the core antitrust law principle is that it is illegal for competitors to agree on prices they will charge, except where they come together and integrate in a legitimate joint venture that results in efficiencies or other precompetitive benefits that outweigh the restriction of competition (Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per se illegal means that activities, such as horizontal price fixing, or group boycotts, have been conclusively presumed to restrain competition unreasonably even without a study of the market that they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al., 2009). South Georgia Health Partners are an example of a PHO that was charged by the commission on a per se illegal ... Get more on HelpWriting.net ...
  • 26.
  • 27.
  • 28.
  • 29. Antitrust Law And Economics Of Product Distribution Introduction This Literature review explains if a franchise is high or low risk way of entering into a market. It also explains whether a franchisee is suited for a certain franchise. Franchises can be seen all over the world, with everyone being introduced to them, as consumers, from a young age (Longenecker et al., 2011). Thomas and Seid (2000) agree with this and believes due to it, people think they understand a lot more about a franchise than they actually do, creating myths about the rate of success and the ease of entry. Antitrust Law and Economics of Product Distribution (2006, p.5) defines a franchise in a 3 part way as, "(1) a franchisee (a) offers, sells or distributes a franchisor's goods or services, which are identified by ... Show more content on Helpwriting.net ... Many years later, franchising became more entrenched in the UK with the advent of the tied pub system. Following the introduction of legislation making it very expensive to keep and maintain a public house in the 18th century, licensees began to struggle to operate successfully. Recognising that it was in their interests to have a secure and stable market for their products, brewers began to offer publicans the opportunity of financial support in return for exclusivity over what was sold in the pub. Thus a familiar system, that remains widely–used in the licensed trade today, was born." (Thebfa.org, 2015) Types of Franchises There are three types of franchises; these are business format franchises, product franchise and manufacturing franchises (Referenceforbusiness.com, 2015). Business Format Franchise Business Format Franchises are the most common out of the three, this franchise gives the right for entrepreneurs to use their name and product. The franchisee usually benefits from the assistance given by the franchisor, but has to pay fees and royalties over the franchise contract. The most noticeable example of this type of franchise is McDonalds, which is one of the most successful companies in the world (Referenceforbusiness.com, 2015). Product Franchise In this kind of franchise the ... Get more on HelpWriting.net ...
  • 30.
  • 31.
  • 32.
  • 33. The Benefits Of Antitrust Law Telser has also suggested that when "productions require each entrant to pay fixed costs that cannot be fully recouped by most of the participants unless means can be found to restrict total output (and hence fix prices) and then divide total sales." (Machovec, 1995) Some form of race to the bottom will happen unless a form of horizontal price fixing takes place with social benefits. The most common examples provided by the literature are related with transportation industry, such, as airlines and shipping carriers. (Lester T. G., 1994) Lets observe one example observed by Lester Telser in Hayde Park waiting for a limo service to the airport. "Hayde Park which has a regular limo service to O'Hare Airport, 25 miles away. Going to O'Hare, ... Show more content on Helpwriting.net ... v. PSKS, Inc., 551 U.S. 877 (2007) overruled the prohibition that was established in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911) for a rule of reason. That said, Dr. Miles and Leegin history with the RPM is an example that illustrates how judging business practices may be a challenging task, after all, a business practice seen from one angle may seem to reduce competition being in fact pro competitive when observed from other one. Now, a question that judges, antitrust authorities, lawyers and antitrust literature must constantly answer is the content of a "legitimate purpose" and how to answer it; after all antitrust law is a about what are the rules that market actors must observe to compete in ... Get more on HelpWriting.net ...
  • 34.
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  • 37. Essay on Microsoft and Antitrust law Microsoft and Antitrust law America's century–old antitrust law is increasingly irrelevant to our current worldwide information technology market. This law is outdated, in accordance to the modern Microsoft situation, because in the past there wasn't technology as there is now. Recently the government has been accusing Microsoft as being a monopoly. "Techno–Optimists" claim that "efforts by government to promote competition by restraining high–tech firms that acquire market power will only stifle competition." Some analysts disagree. They concede that dynamic technology makes it tough to sustain market power. Still, consumers will want compatible equipment, which will lead them to buy whatever product other consumers are using, ... Show more content on Helpwriting.net ... DOJ was not persuaded by Microsoft's argument that physical machines can more easily be counted than intangible copies of computer software. Nor was DOJ convinced that customers might actually favor long–term contracts to guard against unpredictable price increases and other uncertainties. This raised the question; did Microsoft exploit its dominant market position by "insisting" on "unfair" licensing arrangements? Of course not. Consider that Windows became the industry standard because PC–makers thought it was a "superior" product. An assessment that surely took into account the entire set of product features, not only technical features but also ease of use, quality, price, service, and contract terms. Just like any other product in the competitive market. Consider that there were no barriers that would prevent another competitor from driving Windows out as being the market leader. These are simple conditions that exist in an economic market. Those considerations, apparently, did not impress the DOJ's Antitrust Division. After a five–year investigation costing millions of dollars, the Antitrust Division found little that could be characterized as anti–competitive. But that did not stop the government. Not only did DOJ file an antitrust suit that caused Microsoft to cancel its planned ... Get more on HelpWriting.net ...
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  • 41. Antitrust Laws And Violations : Antitrust Law Antitrust Laws and Violations Introduction Antitrust laws are to protect competition. The free and open competition benefits that consumers have by ensuring that they have lower prices as well as new and better products. In a freely competitive market, each competing business generally will try to attract consumers by cutting its prices and increasing the quality of its products or services in order to try to beat out there competitor. The competition and the profit gives the opportunities to bring and also stimulate businesses to find new, innovative, and more efficient methods of production. Consumers sometimes benefit from competition when there are lower prices and better products and services (). The antitrust law is the law that ... Show more content on Helpwriting.net ... These laws also oversee planned mergers and acquisitions that are adequately large to add up to a threat to rivalry, and they take in hand commercial practices that can cause an uncertain threat to competition on the merits in an appropriately defined antitrust marketplace (Clark, 2007). Main Issues Competition is considered beneficial for business and business environment, as in a competitive market, companies offer higher quality products at lower prices to be successful or to gain market share. On the other hand, businesses perhaps get involve in violation of antitrust laws that is a white collar crime as it has a bad effect on competition, can damage economy and can increase prices. Antitrust laws are formed to protect consumer and competitors from unfair competition and its consequences, these laws prohibits: conspiracies, combinations and contracts in trade restraint, mergers, and acquisitions that tend to significantly reduce the competition offenses and methods of unfair competition, as well as unfair practices and acts in the conduct of commerce and trade (Kovacic et al, 2007). Competition serves as an effective mean for businesses to identify ways to improve product quality, charge lower price, and to increase efficiency. Business that can offer the highest product quality at the reduced costs will succeed in a ... Get more on HelpWriting.net ...
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  • 45. Antitrust Law Of A Business Context Investigate Antitrust Law in a Business Context THOMAS R. WADE Northcentral University Investigate Antitrust Law in a Business Context There are a number of steps involved in the property title process. However, this has changed over the years due legislation such as the land protection act, introduced in the 1900s. Still, many of the original process steps are used today it requires detail gathering and documenting information. Nevertheless in the first step is the initial request for a title. Many times, it has performed out without involving and buyer Black (2001). However, this step perhaps identified as a task that records the land in its present state. Secondly, an on–site examination then performed. The steps are compiled in a detail report that reports on the legal property name, location and any tax information related to the property in question (Black, 2001) The report is then developed with information from several sources: hard copies, digital resources, most of which retrieved from recorded documents, usually stored in secured and unsecured facilities. In the wake of the technology boom, information gathering has become as easy as a click of a mouse. Technology has enabled organizations to complete, organized and detail services of properties without having to leave the office. Technology has even made it possible to identify the property via satellite, ensuring the location, mapping data with each component, therefore making it easy, and positively identify ... Get more on HelpWriting.net ...
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  • 49. Antitrust Laws Antitrust laws– laws covered under this regulation are intended to prevent the monopolizing of cer– tain services that could end up negatively affecting the market by driving up or down the price of a good or service to such an extent that people cannot afford it. It also has the responsibility to ensure there is adequate competition and to make prices fair and services accessible to as many people as possible. (Economics, 2014). Consumer Product Safety Commission (CPSC)– this regulation's effect on the market is quite significant because if a product is deemed unsafe for the public, it can have a huge effect on all levels of production. If the company offers any sort of stock, those who have shared may be greatly impacted as well. It is even ... Show more content on Helpwriting.net ... The public probably has a better understanding of how contracts work, as the concept is the same whether it's be–tween private–private partnerships, or private–public. Whether the principle is the government or a pri–vate company, their role in the contract must still be clearly defined and is not easy to change once it's been created. Universities indirect effect on markets makes them more difficult to monitor in house as the curriculum is not decided by any branch of government and the budget does not have any re–quirements on it. However, as previously mentioned, they turn out professionals who may have a bi–ased view on how markets should behave and who should have influence. Most people are familiar with antitrust laws but not specifically how they work. They are not easily monitored but can carry sig–nificant weight in getting corporations to agree to correct behavior that is deemed to be in violation. The three monitoring agencies have different responsibilities, but the goal of each is the same, to limit the effect of deficits on the economy (market) to the extent possible. Each report to different levels of government, but are aware of the responsibilities of the others. They may not work in conjunction with each other well, which can create gridlock in Congress, limiting funds available for critical programs. Most people are familiar with the seemingly regular stalemates that ... Get more on HelpWriting.net ...
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  • 53. Antitrust Laws And The Federal Branch Of The United States... The role of antitrust laws has been the subject of numerous publications that have attempted to provide a precise set of reasons and inspirations for their creation. However, there are still many schools of thought on the subject and much debate over the effectiveness and legitimate implementation of these laws. This paper analyzes the three main antitrust laws that the federal branch of the United States government uses to try to restrict monopolies. This paper also looks at antitrust laws in the modern business environment, and attempts to relay the information in a manner that a newcomer to the subject will understand the concept as it relates to modern technology and business practices. The findings of this paper indicate that the topic of antitrust laws is more complex than many believe and, depending on the position of the person affected by monopolies, the sentiment ranges widely. Antitrust Laws The main purpose of antitrust laws is to promote competition in the markets by preventing monopolies. They also protect consumers and other businesses from unfair business practices and collusion among companies. The thought behind this is that consumers are hurt when monopolies exist because they have fewer choices, the price is likely to be higher, and the services being provided may not be very good. Turmoil in the national economy during the 1870's and 1880's necessitated the development of trust that would stabilize individual industries. This would later ... Get more on HelpWriting.net ...
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  • 57. Antitrust Laws Essay Companies do not have the freedom to merge and acquire as they please do. All have to meet the requirements and essentially be approved by regulatory bodies. In the context of regulations, antitrust laws and security laws are commonly referred to by regulator to determine whether a merger or acquisition should be allowed or rejected. Antitrust laws prohibit mergers and acquisitions that impede competition. The point is very simple where antitrust is referred to as competition. The goal is to increase competition because more competition in economics means that consumers get more at a fairer or lower price. Anytime a regulator believes that a merger or acquisition will make an industry or market less competitive, the business transaction might ... Show more content on Helpwriting.net ... Assuming that each of the hundred biggest companies in the industry has a market share of one percent we would take one squared plus one squared plus one squared and so forth for the hundred companies and get an HHI of one hundred. If the scenario exists where the HHI is relatively low for an industry then regulators would not be particularly concerned with mergers and acquisitions in that industry. Relatively low is anything that is less than one thousand HHI and would not land on a regulator's radar. The next step up is anything between one thousand and eighteen hundred which the industry is considered to moderately concentrated. Here, if a merger or acquisition results in a change in HHI of hundred or more than the regulator might take action. In a highly concentrated industry where competition is low, a change in HHI of fifty or more and the regulator will take action. In the U.S., any merger or acquisition that results in an increase greater than 100 points raises antitrust concerns under the Horizontal Merger Guidelines of the Department of ... Get more on HelpWriting.net ...
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  • 61. The Pros And Cons Of Antitrust Laws The first antitrust law was passed in 1890 by Congress called, the Sherman Act. It was a wide– ranging charter of economic liberty designed to preserve unrestricted competition within the rule of trade. Congress then passed two additional antitrust laws in 1914, called the Federal Trade Commission Act that formed the FTC, and the Clayton Act. These would be the three essential antitrust, federal laws that are still in effect today (The Antitrust Laws, 2013). Antitrust laws prohibit illegal mergers and business practices, which leaves the court of law to resolve which laws were broken based on the case facts. Antitrust laws have the same straightforward objective and that is to protect the progression of competition to benefit consumers, in making sure that there are incentives for companies to function proficiently, to preserve low prices, and higher quality(The Antitrust Laws, 2013). The three essential antitrust, federal laws The Sherman Act The Sherman Act forbids contracts and sedition in limitation of trade, monopolization, attempted monopolization, or conspiracy to monopolize. In1914, the Supreme Court agreed that the Sherman Act does not exclude every limitation of trade, only those that are perverse. For instance, ... Show more content on Helpwriting.net ... The Supreme Court states that all violations of the Sherman Act will correspondingly violate the Federal Trade Commission Act. However, the FTC does not officially administer the Sherman Act, they can bring cases under the Federal Trade Commission Act in contrast to the same class of actions which violates the Sherman Act. The Federal Trade Commission Act correspondingly, influence additional practices that harm competition, however, may not fit precisely into particular classes of conduct officially prohibited by the Sherman Act; only the Federal Trade Commission can bring cases under the Federal Trade Commission Act (The Antitrust Laws, ... Get more on HelpWriting.net ...
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  • 65. Antitrust Law And The Antitrust Laws ANTITRUST Antitrust law in the United States is a collection of federal and state government laws regulating the conduct and organization of business corporations with the intent to promote fair competition in an open–market economy for the benefit of the public. Congress passed the first antitrust statute, the Sherman Antitrust Act, in 1890 in response to the public outrage toward big business. In 1914, Congress passed two additional antitrust laws: the Federal Trade Commission Act and the Clayton Act. (The Antitrust Laws. Web.) Section 1 of the Sherman Antitrust Act prohibits the efforts of multiple firms to restrain trade by controlling prices and supply in a market (46 Case W. Res. 1033). In terms of a professional sports league, a ... Show more content on Helpwriting.net ... J. 121). In 1961, Congress passed the Sports Broadcasting Act which allowed major professional sports to pool the broadcast rights of its member clubs to negotiate television broadcast agreements that normally would have violated federal antitrust laws. (21 Jeffery S. Moorad Sports Law Journal 577) This antitrust exemption enabled the NFL to protect its primary revenue source of live attendance by negotiating with the networks as to when and where games would be televised. Five years later, in 1966, Congress passed the Public Law 89–900 which had a major impact on how the NFL would be examined under federal law. The statue contained an antitrust provision that allowed for the merger of the National Football League (NFL) and American Football League (AFL) without the threat of an antitrust challenge under the Clayton Antitrust Act or Federal Trade Commissions Act. The act stated that: "such laws shall not apply to a joint agreement by which the member clubs of two or more professional football leagues, which are exempt from income tax under section 501(c)(6) of the Internal Revenue Code of 1954, combine their operations in expanded single league so exempt from income tax, if such agreement increases rather than decreases the number of professional football clubs so operating, and the provisions of which are directly relevant thereto." 15 U.S.C. § 1291. The merger between the NFL and AFL represented a unique characteristic of the ... Get more on HelpWriting.net ...
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  • 69. The Current System of Collegiate Athletics and the NCAA The current system of collegiate athletics and the NCAA Meggyesy, David. "Athletes In Big–time College Sport." society 37.3 (2000): 24–28. Print. The NCAA has become a revenue generator as college athletics have become a multi–billion dollar sports entertainment enterprise. The most prominent contradiction with the NCAA is that amateur rules are applied to the athletes, while the rules of the market apply to the university's athletic departments. By classifying athletes as "amateur student athletes" the college athlete labor market does not fall under federal or state antitrust laws or state workers compensation laws. The NCAA member schools are allowed to set the wage for the student athlete and not give benefits to players who suffer injury. Due to the rewards being bestowed onto the NCAA member schools and not the student athletes who produce the product, this system can be described as exploitative. The student athlete receives an athletic scholarship with the intention that student athletes will receive a quality education for four years of athletic service. Though, the low graduation rates among the main revenue sports show that the university does not live up to end its end of the deal. Due to the rising tide of student athlete protests, the NCAA instituted Prop. 48, which changed the four year athletic scholarship to a one year renewable grant. This allowed the athletic departments and head coaches the ability to control a misbehaving player by terminating their ... Get more on HelpWriting.net ...
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  • 73. Antitrust Laws Of The Sherman Act And The Ftc Act Antitrust are a series of laws designed to protect competition in the marketplace. Antitrust laws prevent restraints of trade or commerce. Black's Law Dictionary defines antitrust laws as "[t]he body of law designed to protect trade and commerce from restraints, monopolies, price–fixing, and price discrimination." The main law regulating antitrust is the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any " [u]nfair methods of competition." This law serves as the basis for the majority of Federal Trade Commission lawsuits such as Dental Examiners. The ... Show more content on Helpwriting.net ... While the Court found that the standards were an antitrust activity, it was not unreasonable because it was for the purpose of protecting athletes, not controlling the market. In summation, antitrust laws prevent only unreasonable restraints of trade, which is based upon the circumstances of the restriction. Goals of Antitrust Law Antitrust laws are meant to protect competition in markets. They try to ensure that all individuals have an "equally opportunity in honest competition." Early in the nation's history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve "economic freedom" and a "free–enterprise system." Specifically, it attempts to preserve "the freedom to compete" for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace. Damages in Antitrust Lawsuits Antitrust plaintiffs have many different remedies available to them under Federal antitrust law. Plaintiffs can receive damages for any loss they sustained from the antitrust activity. For example, if an antitrust activity prevented a salesperson from conducting their normal profession then that person would likely be able to recover damages for that loss. In antitrust law, plaintiffs receive "treble damages," ... Get more on HelpWriting.net ...
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  • 77. Antitrust Law | ANTITRUST LAW | | Name –Manpreet Kaur [Date] | "The mission of the Antitrust Division is to promote economic competition through enforcing and providing guidance on antitrust laws and principles". Antitrust laws have been developed to create the strong foundation of a free & open market of a vibrant economy. Market is so competitive now a days, there are so many options available for products & services, which is the result of antitrust laws. Antitrust is developed to help both consumers & business owners. "These laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices" Antitrust laws are developed by the U.S. Government, also commonly known as "competition ... Show more content on Helpwriting.net ... How antitrust law does helps consumers? Antitrust law is created to promote healthy completion, which eventually benefits the end users by ensuring the product & service prices remain low & affordable for most. It also helps build a better market, by ensuring open & free completion. In a freely existing market, every competing entity o business usually play by their rules, they would use attractions such as low price by cutting the already reduced prices or by increasing the level of their service or quality of the product .Fair practices , the profit opportunities and Competition also act as a stimulator for business. This stimulator helps business find innovative, new as well as more efficient methods of production. This also improves the overall quality. Consumers are the end user of products & services. Antitrust law makes products & services more affordable by lowing the prices & better products as well as services. Antitrust law have made it harder for companies to survive because of the level of competition, so only the best survives, companies who fail to meet & understand the needs of customers slowly elope due to the competitive battle. "When competitors agree to fix prices, rig bids, or allocate (divide up) customers, consumers lose the benefits of competition. The prices that result when competitors agree in these ways are artificially high". Higher prices won't always reflect the accurate cost, so therefore ... Get more on HelpWriting.net ...
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  • 81. Ftc Settlement Order Bars Texas Doctors ' Group From Joint... FTC REVIEW AND DISCUSSION: FTC Settlement Order Bars Texas Doctors ' Group from Joint Price Negotiations Review: The following allegation is upon Southwest health alliance who runs under BSA provider network in the region of Amarillo, Tyler, TX who is believed to be respondent under section 5 of Federal Trade Commission Act where the Respondent has exhibited Anticompetitive Conduct in the market and which incurred the reduction of consumer benefits in the healthcare market. Upon being proved guilty of allegations, Federal Trade Commission along with the help of Office of Texas Attorney General purposed few judgements in the form of consent order which involves settlements purposes. In detailed overview of this allegation, Federal Trade ... Show more content on Helpwriting.net ... For all this contracting procedure, physicians can opt to choose a messenger which is known as ''messenger model'' under this the messenger can accept the contract terms from the payers and should inform the physicians and collect the decision unilaterally whether physicians agreed to the terms or not. Similarly, with the consent of physician group messenger can offer the proposed contract by the physicians to payers. In this instance, BSA Provider Network as a messenger under the contracting terms of '' messenger model'' was implemented has made a conspiracy plot of making its own decisions by making its own fee schedule instead the decision should be coming from the physicians association in receiving and offering contracts to the payers. Although, BSA provider network has fixed charges many physicians would provide healthcare procedures under their own fee–for–schedule to independent patients, self–insured employers coming out of the terms of BSAPN. Also, BSA provider network many renegotiations with several payers on behalf of physicians intending that the independent physician ... Get more on HelpWriting.net ...
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  • 85. The Antitrust Laws Are Really Competition Laws That Are... Abdurhman Alsadi Prof. Joshua Long Exam #3 04/14/2016 Question #1 The antitrust laws are basically competition laws that are aimed at protecting the consumers from predatory businesses out who may be out to defraud consumer and to limit the practice of free and fair competition in the market. The major objective of these laws was majorly meant to curb business practise vices such as price–fixing, bid–rigging, and market allocations. In USA, the antitrust law is cascade into two major categories, the federal antitrust laws, and state antitrust laws. The first antitrust law in USA was the Sherman Act of 1890. This law mainly address the "unreasonable restraints of trade" which are perceived to be monopolizing with foreign entities and restraint of businesses from operations in the form of contracts and conspiracies in business combinations. The second major antitrust law is the Clayton Act brought in 1914 which widened the scope of the Sherman Act for include impermissible activities such as price discrimination between different purchasers if such discrimination tend to create a monopoly; exclusive dealing agreements, tying arrangements, and mergers and acquisitions that substantially reduce market competition. The third major antitrust law were the Robinson–Patman Act of 1936. This came as an amendment to the Clayton Act, which aimed at outlawing certain practices where manufacturers discriminated in price between equally situated distributors to decrease competition. The ... Get more on HelpWriting.net ...
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  • 89. Antitrust Laws In The Airline Industry The role of antitrust laws, established in 1890, in the private sector for all the different types of businesses was to end price discrimination for customers and prevent monopoly expansion, and restrict combined market control. The one area of the regulation vs deregulation era I would like to discuss briefly about is President Jimmy Carters' Airline Deregulation Act. As soon as regulations for airline travel was lifted, new competitors emerged and existing companies scramble to satisfy their market control. With the explosion of airlines offering a list of new services as well as employing nonunion pilots and workers to cut costs and expand profit. Many airlines cater a variety of different social classes from super expensive flights to the cheap "no–frills" flights. The large airline companies, which had originally got accustomed to the government–set fares and the guaranteed that all costs would be cover, found themselves in disarray satisfy the services offered by the new competition. Despite that the deregulation was excellent for competitive airline businesses to offer many services that strategically cut costs for profit. It affected the customers with pricing, additional fees, and complicated service options. As of result, many airlines end up purchasing and merging other airlines to gain market control. The rest of the many airlines businesses filed for bankruptcies and liquidations. ... Get more on HelpWriting.net ...
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  • 93. National Collegiate Athletic Association : Basketball... Important Facts On July 21, 2009, former University of California at Los Angeles (UCLA) basketball star, Edward O'Bannon, Jr filed suit against the National Collegiate Athletic Association (NCAA), Electronic Arts (EA) and Collegiate Licensing Company (CLC) over the use of former and current players' images in DVD's, video games, photographs, apparel and other material while prohibiting current and former Division 1 NCAA players from receiving any compensation. Mr. O'Bannon believed this is a violation of the Sherman Antitrust Act (1890). The NCAA disagrees with the charges as presented and stated that the rules regarding compensation to student athletes are necessary to protect collegiate sports and the educational mission of the colleges involved. The NCAA was established in 1950 and currently has over 1,100 colleges. The NCAA has a broad range of rules, but for the purposes of the case, the rules in question deals with eligibility requirements, the number and size of scholarships each school can offer, and whether the student athletes can be compensated and for what they can be compensated for. All of these variables are under the strict control and decision of the NCAA, which currently states that student athletes cannot receive compensation outside of the set rules. The student athletes are considered as being compensated by scholarships and higher education but are limited to compensation that require the student's athletic skills to be performed outside of ... Get more on HelpWriting.net ...
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  • 97. Antitrust Law Software has become an integral part of our society. The economic success of our country depends on the success of the software industry. ``Open source ' ' software, software which users are allowed to modify and redistribute, is a very important part of the software industry Copyright and patent laws are inappropriate for computer software, their imposition slows down software development and reduces competition. Computer software has become more and more important. Software has played an important part in the world. Computers have most likely played an important role in all our lives, from making math easier with calculators, to having money on the go with ATM machines. But software is completely defenseless, as it is more or less ... Show more content on Helpwriting.net ... This stagnates the computer industry; it used to be that company A would retaliate by making better software"[4] (By Del Guercio 22–24). Let 's say mouse support. Now, it cannot happen to mouse support as it is today, but in the future, something undoubtedly will replace the mouse as the preferred method of input, for instance, in what may be a virtual reality future think the glove may be the input device. Anyway, say it did happen to mouse support. Every single program that uses mouse support would have to pay a fee for the rights to do so. This would result in higher software prices, and reduced quality in the programs, as they have to worry about the legalities more. Needless to say, the patenting of software is not a widely encouraged policy, mostly loved by large corporations like Lotus and Microsoft. Smaller companies and most often consumers are generally against it. Even with all the legal problems I 've mentioned that arise with current laws, that is not all. The complexity of software protection laws brings up a large degree of confusion. And the patent last 17 years, is too long for the software industry. I believe that the time–period is too complicated for an industry that changes every five years. And the main use of software patents is to block out competition. It claims that the government 's policy to allow cross–licensing benefits companies that have large patent portfolios at the expense of their smaller competitors. There ... Get more on HelpWriting.net ...
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  • 101. Google Antitrust Laws Essay The European Union started to inspect whether Google breached antitrust laws. They filed charges against Google and opened an examination of Google's Android system. The European Union sent Google an official grievance. They could charge Google up to 6.4 billion dollars if they discovered that they are in the wrong. The EU believes Google is using their power as the leading search engine to remove competition from other specialized search engines, such as shopping websites, by ranking its own Google shopping results at the top of the list. In 2010, Foundem, a shopping website based in Europe, brought a suit against Google, which is what brought Google to the EU's attention (Finely, 2015). The EU will also be looking into Google's Android products ... Show more content on Helpwriting.net ... Page has given his employees a lot of amazing extras to enjoy while at work, which include free food, access to gyms, and flexibility. Page believes in innovation so he wants his employees to work on projects they are excited about. He thinks this will get others excited about the project too. His goal is to make his employees feel they have great opportunities, are making a difference, and donating to society. Page wants Google to feel like a family which will, in turn, make them what be more of a part of the company. He believes the extra incentives he gives his employees help people see the company as a family and make them more productive. Page also believes in focusing on production more than on working regular work day hours. Google will continue to evaluate their worker associations so they can continue to do what is right for them. Page wants the company to put an emphasis on health care so there are gyms at Google locations and they have doctors on the site. He also says he believes in having flexibility so his employees can have a healthy balance of work life and family life. His main belief is that if you give people respect, they will do the same for your company (Lashinsky, ... Get more on HelpWriting.net ...
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  • 105. Essay about The History of the Antitrust Laws In the 1800's there were several businesses known as trusts. These "trusts" owned the entire industry. Railroads, sugar, oil, and steel were some of the major products that were controlled by these trusts. U.S. Steel and Standard Oil were two big companies that were famous for controlling their product and the industry it was a part of. The oil industry was an easy industry to be monopolized because the deposits were rare. The Standard Oil Company was incorporated by John D. Rockefeller in Ohio in 1870. At the time, the refining business was highly competitive, and Standard Oil had more than 250 competitors. Rockefeller and his associates took advantage of both the scarcity of oil and the returns produced from it to lay down a ... Show more content on Helpwriting.net ... U.S. Steel stayed at a stand still in improvement as minor companies consumed more and more of its market share. The trusts set the price because they had no competitors. The prices of the products went sky high. This was a good thing for the business but a terrible thing for the American public. The products did not have to be the best because only one company was producing them; so the consumer either paid the puffed up price or went without. America pushed the government to make a change. President Theodore Roosevelt enforced the Antitrust Laws which stopped many businesses from controlling the entire market. It allowed for more competition in the market. The U.S. constitution passed several laws to encourage competition by banning unjust ways of competition. The antitrust laws ban unlawful mergers and business practices in broad terms, leaving courts to choose which ones are illegal based on the details of each case. Courts have applied the antitrust laws to varying markets, from a time of picking blackberries to texting on them. Yet for over one hundred years, the antitrust laws have had the same fundamental purpose: to keep the practice of competition for the benefit of customers, making sure there are strong incentives for businesses to function efficiently, keep prices down, and keep quality up. Trusts and monopolies are a lot of riches in the hands of a few. Trusts and monopolies are considered damaging ... Get more on HelpWriting.net ...
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  • 109. Antitrust Investigation On The Anti Monopoly Law Title page Antitrust Investigation Zhou Xiaoyan torimichelle74@gmail.com Table of Contents Abstract........................................................................................... page 2 Introduction....................................................................................... page 2 Investigation and Costs.......................................................................... page 3 How Society was Affected ..................................................................... page 3 Conclusion.......................................................................................... page 4 References........................................................................................... page 5 Trust Issues Abstract: The article reports on the anti–trust investigations performed by the Chinese authorities to the business enterprises in acquiescence with the Anti–Monopoly Law in 2014. Corporations that were investigated by these authorities embrace the automobile dealer Chrysler collection China ... Show more content on Helpwriting.net ... 14). The contents of this article applies to certain aspects of economics by responding to the following questions: 1. Why were these specific companies considered for antitrust behavior investigations? 2. What are some pecuniary and no pecuniary costs related to the antitrust behavior? 3. Do monopolies and oligopolies always reflect negatively on society? 4. What is an example that shows how monopolies and oligopolies can benefit society? Investigation and Costs Chinese consumers were complaining about being charged too much when buying cars, auto parts, and maintenance services arose, so did many reports of fines from several car companies. "On September 11, the FAW–Volkswagen Sales Co., together with seven dealers of its luxury brand, Audi, were fined heavily. The same day, Chrysler Group China Sales Ltd. and three of its dealers were also held subject to financial penalties" (Xiaoyan, 2014, p. 15). This caused authorities to specifically investigate Mercedes, Audi, BMW, Qualcomm Incorporated and Japanese auto part makers. Therefore, the antitrust behaviors in this particular case consist of pecuniary costs, which are costs of or relating to money. Moreover, these antitrust behaviors are in violation of a
  • 110. specific act, which would be the Sherman Act. Violations of the Sherman Act include price–fixing, bid–rigging and market–allocation ... Get more on HelpWriting.net ...
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  • 114. Antitrust Laws Research Paper The purpose of antitrust laws is to both promote and protect competition. They aren't designed to go after big companies simply because they are bigger or more successful than others in their industry. They aren't anti–market or anti–business. They are intended to be just the opposite, in fact. They are meant to promote successful market economics through the assurance of healthy competition while keeping abuses of the system in check that could overrun the market. The name came from the specific situation that inspired their inception: checking the abuses of the huge "trusts" that emerged in the late 19th century. The massive trusts controlled or very nearly controlled entire markets in major areas (i.e. steel, petroleum, rail transport, ... Get more on HelpWriting.net ...
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  • 118. Antitrust Laws In Sports "An athlete is not crowned unless he competes according to the rules" (2 Timothy 2:5). Antitrust laws have been in place since the 1600s. The laws were first introduced in England. In the United States they were not put into practice until after the Civil War. Such laws were not needed due to the lack of large business, but after the Civil War, industry in the United States began to grow. It was feared the larger companies would overtake the smaller businesses and be in control. As a result, a Senator, named Sherman, established the antitrust law called the Sherman Act (Tudor, 2012). The antitrust laws, put in place, were created to inhibit one sole business from having more power over another. Within the context of the Sherman Act is the Statute of Monopolies (Tudor, 2012). A monopoly is the "complete control of the entire supply of goods or of a service in a certain area or market" (Monopoly, n.d.). This statue is essential in ... Show more content on Helpwriting.net ... It is a billion dollar business. Each league generates a lot of revenue and relies on the other franchises with the organization to survive. Each league also has complete control over its own respective sport because there is no competition driving them to follow regulations. The statute of monopolies is one area each league fails to comply with. It is also an area the government fails to regulate in regard to professional sports (Grow, 2015). Price fixing occurs at the professional level and nothing is done about it. There is nothing that stops a professional franchise from raising prices. These individual teams rely on the increase of ticket prices to help with the increasing player salaries. The leagues have the opportunity to take advantage of the situation because of their position. The consumers of the sport industry are unique and provide the leagues with leverage. Fans want a product and are willing to pay to see it (Piraino, ... Get more on HelpWriting.net ...
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  • 122. The Ethics Of The Antitrust Laws Essay Review Article on the purpose of the antitrust laws is to protect and support free competition Dr Gaurav Khanna, – Associate Professor, Madhav University, Rajasthan, India. Dr. Deepak Bhandari – Professor, FDDI, Jodhpur, Rajasthan, India. Abstract: As per review on many journal, articles and bylaws we come to know that it is not an alternate for sound lawful guidance and does not take the place of knowledgeable lawful counsel required in analyzing exact problems. Competition strategy encroaches ahead all aspects of marketplace able behavior and policy. In India, companies have to act in accordance with opposition laws, both in family member to transactions and marketplace able performance. Before the Competition Act 2002 came into outcome the MRTP Act, 1969 was the governing legislation in admiration of the competition guiding principle in India. In this article we would like to through light on safety towards free competitions, advertisement and promotions, monopoly power, different acts working under antitrust etc. we also through light on different aspects on you and your customer and competitors itself. We represent clients before the Competition Commission. We also conduct due industry with respect to all merger, acquisition, joint venture with suitable anti–trust safeguard procedures and policies. Keywords: Antitrust laws, free competition, legal allegations and penalties. Introduction : This discussion is not intended to be a legal treatise or a detailed ... Get more on HelpWriting.net ...
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  • 126. Antitrust Laws: A Comparative Analysis The first solution to handling a monopoly is by making it a competitive. By doing this, the government intervenes through the Antitrust Laws. The second solution is by regulation in which the government closely watches the behavior of a monopoly and regulate prices. The third way is public ownership in which the government comes in and takes over production. Finally the fourth solution is doing nothing at all. In this solution there is no intervention at all and the monopoly is left to its own devices. Of all four solutions to handling a monopoly, there is no superior answer. For the competitive solution, a monopoly should be used when two top companies want to merge and become one. Through the Antitrust Laws the government can examine the ... Get more on HelpWriting.net ...
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  • 130. Antitrust Laws Of The Sherman Act And The Ftc Act A preliminary question is what are antitrust laws? They are a series of laws designed to protect competition in the marketplace. Antitrust laws prevent restrains of trade or commerce. Black's Law Dictionary defines antitrust laws as "[t]he body of law designed to protect trade and commerce from restraints, monopolies, price–fixing, and price discrimination." The main law regulating antitrust is the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any "[u]nfair methods of competition." This law serves as the basis for the majority of Federal Trade ... Show more content on Helpwriting.net ... What is the goal of antitrust liability? Antitrust laws are designed to protect competition in markets. Early in the nation's history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act in order to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve "economic freedom" and a "free–enterprise system." Specifically, it attempts to preserve "the freedom to compete" for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace. When Are States Immune from Antitrust Liability? To understand antitrust immunity, one must understand the different tests the United States Supreme Court has applied to state's agencies and boards to determine immunity. Courts largely use two tests to determine whether an entity has immunity from antitrust laws. Both tests provide the same immunity, but they require the entity seeking the immunity to prove different requirements. The first test is the sovereign actor test, and it provides immunity to state actors using sovereign power. The second test, known as the Midcal test, asks whether the entity seeking immunity is following a clearly articulated state policy, and whether the entity is actively supervised by the state. Both of these tests are ... Get more on HelpWriting.net ...
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  • 134. The United States Antitrust Laws INTRODUCTION Through the course of this paper I will introduce and discuss the history of the movement towards an actively and engaged antitrust legislation. I will also identify the original and early antitrust laws and how they have influenced the economy, as we know it today. Upon the completion of this paper you will understand who was set to benefit (gain) from anti legislation and who loses under the intentions of the antitrust laws today and in the past. LITERATURE REVIEW The United States antitrust legislation is a legislation designed to break up and prevent the formation of new monopolies to increase competition and societal welfare. Thus the United State Antitrust law is a collection of both state and federal government laws enacted to promote fair competition in the economy. The antitrust laws main statutes consist of the Sherman Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914. In combination these acts have enforced the proper rules and regulations that businesses must conform to today to ensure that there is a healthy competition within the economy to not only the benefit of the consumers who utilize these services and goods but for the health of the businesses who make up our market industries. While Rockefeller's Standard Oil is a well known example of an early monopoly a few other examples of early monopolistic companies are known as The Whisky Trust, and the Tobacco Trust, Sugar Trust and J.P. Morgan's U.S. Steel ... Get more on HelpWriting.net ...
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  • 138. The Antitrust Laws Of The Federal Trade Commission Act 3. Socio – Political Environment a) Antitrust Laws The first antitrust law passed by Congress was the Sherman Act, in 1890. In 1914, Congress passed two other antitrust laws: The Federal Trade Commission Act, which created the Federal Trade Commission, and the Clayton Act. With some revisions, these are the most important federal antitrust laws still in effect today. Section 7 of the Clayton Act prohibits mergers and acquisitions when the effect "may be substantially to lessen competition, or to tend to create a monopoly." (ftc.gov) The antitrust laws proscribe unlawful mergers and business practices in general terms, leaving courts to decide which ones are illegal based on the facts of each case. For over 100 years, the antitrust laws have had the same basic objective: to protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up. The enforcement authorities of the federal antitrust laws are The Federal Trade Commission and the U.S. Department of Justice (DOJ) Antitrust Division (ftc.gov). b) Airline Industry Regulations The first federal government regulations of the interstate airline industry were the Air Mail Act of 1925 and the Air Commerce Act of 1926. Additional federal regulation of commercial aviation was imposed with the passage of the Civil Aeronautics Act of 1938. The Civil Aeronautics Act created the Civil Aeronautics Authority, which ... Get more on HelpWriting.net ...
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  • 142. Antitrust Laws Research Paper A. Collectively there are four major pieces of legislation that make us the Antitrust Laws: The Sherman Act of 1890, the Clayton Act of 1914, the Federal Trade Commission act of 1914 and the Celler– Kefauver Act of 1950. The purpose of these acts and laws is to regulate trade and commerce by preventing unlawful restrictions, price fixing and monopolies; their goal is to promote competition and to encourage the production of quality goods and services at reasonable prices while safeguarding the public welfare, while ensuring consumer demand is met via the production and sale of those goods at reasonably low prices. Enforcement of the antitrust laws depends largely on two agencies: the Federal Trade Commission (FTC) and the Antitrust Division ... Show more content on Helpwriting.net ... The Equal Employment Opportunity Commissions (EEOC). Enacted in 1964. is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, (Sex–stereotyping). The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. EEO Posters must be posted in a visible location in the workplace where notices to applicants and employees are typically posted. ("Equal Employment Opportunity Commissions." ... Get more on HelpWriting.net ...
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  • 146. Disadvantages Of Antitrust Law Chief Justice Roberts stated courts in the U.S. have historically granted injunctions upon a finding of infringement since the 19th century. The Antitrust Division in the U.S. also admits a patent owner's "rights to exclude are similar to the rights enjoyed by owners of other forms of private property" in the Antitrust Guidelines for the Licensing of Intellectual Property. Therefore, as a fundamental principle, "antitrust law does not generally prohibit the holder of any other property right from seeking an injunction to vindicate that right." The FTC has the right to regulate "unfair methods of competition" and "unfair or deceptive acts or practices" under Section 5 of the Federal Trade Commission Act. During the past two decades, the FTC has been heavily involved in several high–profile SEP disputes, including Dell Computer Corp., N–Data, Rambus Inc. v. FTC, Motorola Mobility, and Bosch GmbH. The FTC generally invokes competition law as a basis for investigation over these cases under Section 2 of the Sherman Act and Section 7 of the Clayton Act. The particular concern ... Show more content on Helpwriting.net ... These consent agreements mostly impose strict requirements for an SEP holder to seek injunctive relief. For example, in Bosch GmbH, the FTC dictated that Bosch GmbH can only seek injunctions against an unwilling licensee. The unwilling licensee shows unwillingness by refusing to accept the SEP holder's offer of a license on F/RAND terms, or a court's determination. In Motorola Mobility, the order prohibits Google/Motorola from making any future claims for injunctions over a F/RAND Patent against a potential licensee. This unwilling licensee similarly should refuse (1) a F/RAND offer either in writing or in sworn testimony, (2) a court order, (3) a binding arbitration–determined F/RAND terms, or (4) simply not replying to the written confirmation requested in a F/RAND Terms from an SEP ... Get more on HelpWriting.net ...
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  • 150. Antitrust Laws Limit Corporate Aqusition Introduction Since the late nineteenth century, the federal government has challenged business practices and mergers that create or may create a monopoly in a particular market. Federal legislation has varied in effectiveness in terms of preventing anti–competitive mergers. Antitrust law is enacted by the federal and various state governments to (1) regulate trade and commerce by preventing unlawful restraints, price–fixing, and monopolies; (2) promote competition; and (3) encourage the production of quality goods and services with the primary goal of safeguarding public welfare by ensuring that consumer demands will be met by the manufacture and sale of goods at reasonable prices. Antitrust law seeks to make enterprises compete ... Show more content on Helpwriting.net ... ANTITRUST LAWS AND CASES Sherman Anti–Trust Act The Sherman Antitrust Act (15 U.S.C.A. § 1 et seq.) was the first federal antitrust statute. SEC. 1, 2, and 3, stated that every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is declared to be illegal; and person who shall monopolize, or attempt to monopolize or combine or conspire with any other person or persons shall be deemed guilty. The Act also entitled to create Federal Trade Commission, and to define its powers and duties. However, its application to mergers and acquisitions has varied, depending on its interpretation by the U.S. Supreme Court. Northern Securities Co. v. United States: Petition under the Sherman Act file March 10, 1902, in the Circuit Court, District of Minnesota, against the Northern Securities Company had acquired and was ... Get more on HelpWriting.net ...
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  • 154. Competition Laws or Antitrust Laws Essay Competition laws or antitrust laws are to assure that all consumers that they have the opportunity to pay the lowest price added to with a higher quality of products and services they are utilizing. "Using dominant industry power to secure favorable product prices from buyers, even though such prices are unavailable to weaker companies in the same industry, is generally a violation of antitrust laws" (SBA GOV2011).Currently competition laws enables every single person to do business in the market. "The importance of the development of an effective framework for competition policy lies on its ability to enhance international trade, multilateral cooperation and the flow of investments Especially towards developing and least–developed ... Show more content on Helpwriting.net ... Competitors pressure each other to be more efficient, to be lenient and rudeness. This is the very essence of capitalism. It is wrong thing to say that only the consumer benefits. If any type of firm improves itself, re–engineers its production processes, introduces new management teqniques, modernizes in order to battle the competition, it stands to reason that it will lurks the rewards . Competition benefits the economy, as a whole, the consumers and other producers by a process of natural economic selection where only the fittest survive. All over the world competition on the decisions made by management with regards to make difference, as we all see technological changes and advancements in every sector of the world this also goes for the shipping industry. This access of the computers and Internet make much more the possibility of market for a business to get more consumers into their online stores. Many organizations are resorting to the big shipping companies in the market and this shows how the relationship between major online businesses and shipping companies is crucial. Since this businesses rely on shipping this should be the fundamental focus of any shipping business. This relationship should extend to consumers so they know whom to go for when they need to ship anything. Low pricing and quality service is critical to thrive within the shipping industry. Furthermore, the unions are crippling ... Get more on HelpWriting.net ...