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CHAPTER 14. Antitrust and Trade Regulation. Learning Objectives. Describe the federal regulation of antitrust law Discuss the importance of the Sherman Antitrust Act Explain the state antitrust enforcement system Describe the difference between per se and rule of reason approaches
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CHAPTER 14 Antitrust and Trade Regulation
Learning Objectives Describe the federal regulation of antitrust law Discuss the importance of the Sherman Antitrust Act Explain the state antitrust enforcement system Describe the difference between per se and rule of reason approaches Discuss the different antitrust violations Describe the special problems with antitrust enforcement groups Describe monopolistic behavior Discuss mergers and acquisitions antitrust laws Explain the impact on the U.S. of international antitrust laws
State Antitrust laws • National Association of Attorneys General (NAAG) • Multistate Antitrust Task Force • Uniform approach to antitrust law among states • May bring action if they think a company is taking anti-competitive measures • APPLE • MICROSOFT
Types of Mergers • HORIZONTAL • VERTICAL • CONGLOMERATE
Horizontal Mergers • Mergers involving companies selling same or similar products in the same geographic markets • Courts balance the market size and power with the consequences of the merger • Antitrust concerns • DOJ may approve even if only two companies in the market • XM Satellite Radio - Sirius Satellite Radio
Vertical Mergers • Mergers involving a company purchasing a customer or supplier in order to expand into new markets • Upstream • Downstream • Also created by acquiring a license
Conglomerate Mergers • Merging firms had no prior relationship • May have been competitors • Closely-related products • Different Geographic Markets • Antitrust Concerns • Reciprocity • Entrenchment
International Antitrust Enforcement • U.S. companies selling their products oversees must not violate international trade rules • European Union Trade Regulation • The New Chinese Anti-Monopoly law - 2007