Problem 2: Antitrust Law Read the articles on Blackboard called \"Antitrust Poli

Question

Problem 2: Antitrust Law Read the articles on Blackboard called "Antitrust Policy: A Century of Economic and Legal Thinking" and Chapter 1 of "Lectures on Antitrust". a) What is the difference between rule of reason and per se violations of antitrust laws? b) What set of laws cover vertical issues such as exclusion? c) What is the Hart-Scott-Rodino Act and what are the current Hart-Scott-Rodino filing threshholds? (You will have to look this up on the FTC or DOJs webpage). d) What are the three types of sanctions that can be imposed in antitrust cases? Elaborate on their specifics.

Explanation / Answer

a) The main difference between rule of per se violations are  

b) The set of laws which are used to cover v ertical issues are

i) Refusal to deal: Agreement which restricts the person or a country from which goods are supplied or sold.

ii) Tie in agreement: Agreement which is made between purchaser and country for goods. The purchaser should have this agreement to purchase some other goods.

iii) Remedies in resale price maintainence: Agreement to sell goods on the condition that amount is charged on the resale value by the purchaser.

There are many more these laws these are some of them.

c) Hart SCott ROdiono act is came into act in 1976. It is anti trust improvements act and commonly known as HSR act. This law states that there shall be complete mergers or changing securities of assests , including grants of executive compensation can only be carried out oinly when they register and submitt a detail filing with US Federal Trade commision and Department of justice. After these agencies give a clearance certificate that those transactions will not effect the US commerce under anti trust law.

HSR act filing threshholds.

They should first fill a notefication and reform form and wait for 30days for the clearance. If not they should pay a fine of 16000$ per day.

Filling of these form need not be need for every citizen but if the transaction value is more than a certain amount which will specified every year by the HSR act.

In 2017

For total assets it should be more than 160$ million

For stock above 270$ million

For security assests above 70$ million

The filing fee various depending on the amount of transaction

For example If the transaction is more than 70 million and less than 160 million the fee is 45000 dollars

Rule of reason Per se violations According to rule of reason the monopoly is legal and it will be illegal only the authority does illegal activities. According to perse rule the monopoly form is illegal

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