In particular, it draws on two distinctive background facets of the FTC's legislative history to show that, unlike the Sherman Act
of 1890, the FTC Act of 1914 evidences a congressional concern with anticompetitive state regulation.
Section 1 of the Sherman Act
prohibits agreements in restraint of trade.
To give more meaning to the Sherman Act
, the Clayton Act was subsequently enacted.
97 (1980), by contrast, California merely enforced resale minimum prices established by industry participants, and the program was found to violate the Sherman Act
. Courts will likely continue to be concerned whenever there is a risk of industry members harnessing the machinery of the state to limit competition and restrain trade in the market in which they participate.
(12) Authorities charged AUO, AUOA, Hui Hsiung, and AUO's CEO, Hsuan Bin Chen with conspiracy to fix prices for TFT-LCDs in violation of the Sherman Act
. (13) The indictment also alleged that AUO and AUOA derived profits of approximately USD500,000,000 from these sales.
A conspiracy to restrain trade is actionable under Section 1 of the Sherman Act
. (37) While mere conscious parallelism may be a factor for a court to find a conspiracy violation under Section 1 of the Sherman Act
, alone, it may not satisfy a violation.
The Sherman Act
, enacted in 1890, was designed to protect and promote economic competition.
THE SHERMAN ACT
AS AN EXPRESSION OF THE COURT'S COMMERCE
Oligopolies have always posed problems for conventional antitrust law: without something that can be called an agreement, they elude scrutiny under section 1 of the Sherman Act
, 15 U.S.C.
In over a century since its enactment, the words that comprise the Sherman Act
have remained relatively unchanged.
(Adoption of Chicago School interpretations of consumer welfare and policy positions on particular competitive practices would occur neither immediately nor completely.) In 1979, citing Bork, the Court declared that "Congress designed the Sherman Act
as a 'consumer welfare prescription.'" Over time, the maxim that antitrust law should protect "competition rather than competitors" became canonical.
We adopt two assumptions throughout this Feature: first, the firms in a concentrated product or service market are not fixing prices in a way that would subject them to liability under Section 1 of the Sherman Act
; second, the managers of the funds that acquire interests in their shares are not agreeing with each other about how to purchase or vote the shares or otherwise influence the behavior of these firms.