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The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law.While some actions like price-fixing are considered illegal per se, other actions, such as possession of a monopoly, must be analyzed under the rule of reason and are only considered illegal when their effect is to unreasonably restrain trade.
Federal antitrust laws, as well as most state laws, provide for "treble" (triple) damages against antitrust violators in order to encourage private lawsuit enforcement of antitrust law. Thus, if a company is sued for monopolizing a market and the jury concludes the conduct resulted in consumers' being overcharged $200,000, that amount will ...
FTC v. Actavis, Inc., 570 U.S. 136 (2013), was a United States Supreme Court decision in which the Court held that the FTC could make an antitrust challenge under the rule of reason against a so-called pay-for-delay agreement, also referred to as a reverse payment patent settlement.
On Tuesday, U.S. Representative Ben Cline, a Republican from Virginia, reintroduced the One Agency Act, which would remove the FTC's antitrust authority and give it to the U.S. Department of Justice.
Standard Oil (Refinery No. 1 in Cleveland, Ohio, pictured) was a major company broken up under United States antitrust laws.. The history of United States antitrust law is generally taken to begin with the Sherman Antitrust Act 1890, although some form of policy to regulate competition in the market economy has existed throughout the common law's history.
The appeals process could take as long as five years, predicted George Hay, a law professor at Cornell University who was the chief economist for the Justice Department’s antitrust division for ...
When a per se rule is applied (in contrast to a rule of reason analysis), a civil violation of the antitrust laws is found merely by proving that the conduct occurred and that it fell within a per se category. [21] Conduct considered unlawful per se includes horizontal price-fixing, [22] horizontal market division, [23] and concerted refusals ...
President Trump’s antitrust law enforcers, led by Gail Slater at the Trump Justice Department’s Antitrust Division and FTC Chairman Andrew Ferguson, will be fair and enforce the law ...