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Key Words:

Key Words:. Cartel: A combination of independent commercial or industrial enterprises designed to gain market advantage by coordinated and concerted actions.

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Key Words:

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  1. Key Words: Cartel: A combination of independent commercial or industrial enterprises designed to gain market advantage by coordinated and concerted actions. Horizontal Restraint: Market power exercised by two or more rival firms who cooperate and conspire to engage in concerted action that is designed to limit, restrict or prevent competition. Law 552 - Antitrust - Instructor: Dwight Drake

  2. Horizontal Manufacturer Manufacturer (“OEM”) Distributor Distributor Wholesaler Wholesaler Jobber Jobber Retailer Retailer Consumer Consumer Vertical Law 552 - Antitrust - Instructor: Dwight Drake

  3. Board of Trade of the City of Chicago v. United States (1918) What was purpose of “Call” rule? What evil would rule potentially eliminate? Might it have promoted competition? Does it lessen competition? Law 552 - Antitrust - Instructor: Dwight Drake

  4. United States v. Trenton Potteries Co. (1927) Base Facts: 20 individuals and 23 corporations, who collectively controlled 82% of market for sanitary portable toilets, fixed prices. Any difference from Chicago Board of Trade? What was reason for agreement? What was primary issue? Law 552 - Antitrust - Instructor: Dwight Drake

  5. Appalachian Coal, Inc. v. United States (1933) Base Facts: Dire conditions in coal market during depression. Excess supply and wasteful competition. To help, coal refiners formed Appalachian Coal, a sales agent that would represent 70-80% of all production and would regulate prices and productions needs. Appalachian sought DOJ approval and DOJ objected. Is this more like Chicago Board of Trade or Trent Potteries? Is restrain pro-competitive or anti-competitive? How relevant are market conditions? Law 552 - Antitrust - Instructor: Dwight Drake

  6. United States v. Socony-Vacuum Oil Co. (1940) Base Facts: Major oil companies would agree to purchase “hot oil” that otherwise would be dumped on market at distressed prices. They meant periodically to allocate buy-up program with “dancing partners” so as to maintain prices in industry. Jury given “per se” instruction and convicted. Appellate court reversed. Note: Douglas wrote opinion. New to Court. Former SEC hotshot. Is arrangement in Socony any different than Appalacian Coal? Both are depression related. What was primary issue? Law 552 - Antitrust - Instructor: Dwight Drake

  7. Fashion Originators Guild of America v. FTC (1940) Base Facts: Guild of apparel designers, manufactures and distributors agree to boycott discount copiers and sellers. No evidence of price increases or output limitations. FTC enjoined. Is this substantively different than Socony-Vacuum? Appalacian Coal? What was purpose of boycott? Any pro-competitive effects of boycott? What was primary issue for court? Law 552 - Antitrust - Instructor: Dwight Drake

  8. Klor’s v. Broadway-Hale Stores (1959) Base Facts: San Fran department chain secured agreement from suppliers (RCA, etc.) to not sell to small competing stores. Primary Issue? Are group boycotts as bad as price fixing? Could group boycott ever be procompetitive? Law 552 - Antitrust - Instructor: Dwight Drake

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