51-56 Rosch.pdf

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🔗 Source: thesedonaconference.org
📊 Size: 223 KB
📄 Pages: 7 pages
⬇️ Downloads: 93

Summary

The legality of exclusive dealing agreements has been litigated under Section 3 of the Clayton Act and Section 1 of the Sherman Act, with Section 3 prohibiting agreements that may substantially lessen competition or tend to create a monopoly, and Section 1 prohibiting agreements that unreasonably restrain trade. Recently, challenges have been made under Section 2 of the Sherman Act, which prohibits unlawful efforts to monopolize and attempts to monopolize markets. The Supreme Court has recognized that exclusive dealing agreements may have procompetitive purposes and effects, and has ruled out treating them as per se illegal, instead considering factors such as market foreclosure, duration, purpose, and effect. The Court has also established a "qualitative substantiality" analysis, which examines factors beyond just market foreclosure, and has carved out a safe harbor for agreements that do not foreclose more than 30% of the market to competitors.

Description

The legality of exclusive dealing agreements has been litigated under Section 3 of the Clayton Act and Section 1 of the Sherman Act, with Section 3 prohibiting...

Technical Information

  • File Format: PDF
  • File Size: 223 KB
  • Pages: 7
  • Language: EN
  • Total Downloads: 93
  • Last Updated: 1 week ago

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