They address competition law in the context of globalization; the substantive provisions in competition law regimes, including the concept of the market, the threshold issue, the content of horizontal agreements
, the issue of market power, intellectual property rights, merger law, and non-price restraints and resale price maintenance in vertical restraints; enforcement issues, namely the criminalization of cartel conduct and the increasing use of private enforcement; and the emergence and growth of competition regimes in Chile, Brazil, Japan, China, and Colombia.
Anti-competitive agreements between or among competitors or horizontal agreements
under section 14(a) and (b) are criminal in nature, while other anti-competitive agreements (vertical) under section 14(c) are not.
The actions of the NHL, MLB, the RSNs and the MVPDs would most likely constitute a Section 1 of the Sherman Act claim as they have created horizontal agreements
As a result, such agreements are inherently suspect and certain horizontal agreements
-- such as agreements to fix prices, allocate markets or limit output -- are considered "per se" unlawful; once proven to exist, they cannot be justified by alleged pro-competitive benefits.
Louis Kaplow, On the Meaning of Horizontal Agreements
in Competition Law, 99 CALIF.
categories, including horizontal agreements
, (28) vertical agreements,
They cover the economic, legal, and historical background of the country, including national and international sources, scope of application, substantive provisions and main notions, and the enforcement system, then examine cartels and other horizontal agreements
, vertical restraints, types of abusive conduct by the dominant firms, and the appraisal of concentrations; the administrative enforcement of competition law, focusing on the antitrust authorities' powers of investigation and the right of defense of suspected companies; voluntary merger notifications and clearance decisions; filing obligations; and the judicial review of administrative decisions; and raising challenges to administrative decisions.
At the same time as publishing the new draft guidelines on horizontal agreements
, the European Commission published draft new block exemptions covering specialisation agreements and research and development agreements.
27) Indeed, the potential competitive differences between vertical and horizontal agreements
have long been recognized by the Supreme Court.
One is the highfalutin language of bar association meetings and academic conferences, where sessions are given titles like "Antitrust Enforcement and High Technology Markets," "Networks, Lock-In Effects, and the New Economy," and "New Approaches to Reviewing Horizontal Agreements
The options apply only to vertical distribution agreements between manufacturers, supplier and distributor or reseller, rather than horizontal agreements
between competitors (except in certain circumstances) and apply principally to goods for resale.