While the Supreme Court at first justified baseball as being exempt from antitrust laws
because it was not a subject of interstate commerce and was not trade under the Sherman Act, (194) that reasoning was subsequently rejected and the Court instead allowed baseball to continue to operate without being subject to antitrust laws
because Congress had failed to expressly decide otherwise.
has never addressed these questions because it has not grappled with the fact that economic coordination is inescapable.
(10) Underlying issues in antitrust laws
in health care are hospital-hospital relations, hospital-physician relations, and hospital-payer relations.
: Of Economics, Populism, and Cynicism, 67 MICH.
The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law
applies to employee hiring and compensation decisions (Guidance).
(12) On the other hand, per se illegality creates false positives and does not enable courts to apply progressive antitrust law
, which is most important for innovation-related issues.
.FTC was repeatedly rebuffed by the courts when it last tried to reach well beyond settled principles of antitrust law
in asserting its Section 5 authority.
Countries around the world take a myriad of approaches to antitrust laws
. The United States has a few major statutes in place to fight anticompetitive behavior: the Sherman Act, (56) The Federal Trade Commission Act, (57) and the Clayton Act.
According to the FTC staff resource, "In general, a state may avoid all conflict with the federal antitrust laws
by creating regulatory boards that serve only in an advisory capacity, or by staffing the regulatory board exclusively with persons who have no financial interest in the occupation ...
As such, state antitrust laws
typically use the Rule of Reason to determine whether certain practices are lawful.
Market-signaling costs place the attendant behavior within the statutory scope of the antitrust laws
Legislative Action: Cahn says Congress has the "power to change antitrust laws
to allow traditional retailers to engage in collective action, and it can alter market conditions by taxing the shipping of packages from businesses to residents in such a manner as to raise Internet sellers' cost structures." Therefore, dealers can join groups such as the National Retail Federation and the National Federation of Independent Businesses to lobby Congress to pass pro-retailer legislation.