'Price effect' not essential to Sherman Act violation: even the single 'small merchant' has antitrust rights

Article Abstract:

Review of the US Supreme Court's decision in Klor's, Inc. v. Broadway-Hale Stores (1959) indicates that the requirements that antitrust plaintiffs demonstrate the price effects of market power and some public harm are recent judicial constructs. Klor's was decided based on the Sherman Act, and the Court was unwilling to require showing of public harm. The Court accepted the presumption of Congress that group boycotts are inherently anticompetitive. The Court also affirmed the rights of small firms to be free of anticompetitive practices regardless of consumer welfare.

Laws, regulations and rules, Home appliances industry, Appliance industry, Restraint of trade, Boycotts

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Elements of an antitrust case: structure, conduct, and performance

Article Abstract:

Bringing an antitrust suit involving claims that are decided through the rule of reason, as opposed to per se violations, dictates that counsel introduce evidence of both the defendant's conduct and the market conditions that it and its competitors face. Expert testimony on monopolistic conduct must be based on an industry study that focuses on industry structure, conduct patterns and performance characteristics. Scale economies and price comparisons should also be included in the economic analysis.

Methods, Evidence, Expert, Expert evidence

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Bill Gates and antitrust negligence in America: a failure of public policy

Article Abstract:

The Microsoft monopoly has generated much comment on various Internet discussion lists in the 1990s. Given the blatant unfairness of the monopoly involved, the software industry's technical people were confident that the courts would quickly grant them relief. This did not happen, as Microsot CEO Bill Gates knew the DC Circuit Court to be on his side with the Reagan-appointed judges enemies of antitrust.

Microsoft Corp., MSFT

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