Amendments to the
Clayton Act also have been suggested.
As developed below, however, the
Clayton Act does not insist on proof of the precise mechanism by which prices are increased.
Since the
Clayton Act is a federal statute, its application should be uniform throughout the nation.
Section 6 of the
Clayton Act provides that the "operation" of the cooperative is not forbidden by the antitrust laws, but it leaves exactly what that means open to question.
Section 16 of the
Clayton Act entitles parties "to sue for and have injunctive relief ...
To my knowledge, the DOJ and FTC continue to consider only the
Clayton Act illegality of horizontal mergers.
The absence of positive prices thus does not foreclose antitrust scrutiny; "trade," for purposes of the Sherman and
Clayton Acts, encompasses zero-price transactions.
Unlike the
Clayton Act, the PCA does not contain any specific provision expressly prohibiting interlocking directorates in competing businesses.
Indirect purchaser standing evolved from an interpretation of section 4 of the
Clayton Act. ((13P Section 4 permits any "person ...
The Horizontal Merger Standard and Section 7 of the
Clayton ActIn addition to his economic discrimination and public accommodation claims, Williams also sought to attack the ticket sales ban on the basis of consumer protection law (specifically invoking the Washington Consumer Protection Act), antitrust grounds (relying on the Sherman Act and the
Clayton Act), and unjust enrichment (Williams v.
But in response to concerns that investment bankers were abusing their positions for their own benefit, Section 10 of the
Clayton Act, which went into effect in 1921, prohibited investment bankers from serving on the boards of railroads for which they underwrote securities.
