Counseling without case law

Article Abstract:

Administrative rulings have become increasingly important to the process of interpreting antitrust law and merger enforcement, and case law has become less significant. The merger guidelines established by the Federal Trade Commission and the Antitrust Division of the Dept of Justice provide more current information on the standards being applied by enforcement agencies. The risk to antitrust advisers that results from the increased use of administrative rulings is related to the limited precedential value of administrative rulings.

Planning, Acquisitions and mergers, Practice, Administrative courts

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Unilateral refusals to deal under section 2 of the Sherman Act

Article Abstract:

Review of refusal to deal case law reveals that a single test for antitrust violations that are considered unilateral refusals to deal would fail to encompass the diverse business arrangements that could appear to meet the criteria. The refusal to deal label has been applied too broadly, and many arrangements are not anticompetitive or may have pro-competitive justifications. The better approach is to establish a framework that incorporates most of the different lines of cases that comprise refusal to deal jurisprudence.

Boycotts

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Customer-instigated exclusive dealing

Article Abstract:

The author discusses case law covering the initiation of exclusive dealing agreements by consumers rather than suppliers. Topics include the motivations for consumer-initiated exclusive dealing agreements, and the effect of agreements on competing suppliers.

United States

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