The Clayton Act

Author : LandMark Publications
Publisher :
ISBN 13 : 9781973301240
Total Pages : 516 pages
Book Rating : 4.3/5 (12 download)

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Download or read book The Clayton Act written by LandMark Publications and published by . This book was released on 2017-11-15 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Clayton Antitrust Act of 1914. The selection of decisions spans from 2012 to the date of publication.Section 3 of the Clayton Act prohibits persons engaging in commerce from making a lease or sale of goods "where the effect of such lease, sale, or contract for sale ... may be to substantially lessen competition or tend to create a monopoly in any line of commerce." 15 U.S.C. � 14. Although the language differs from that of the Sherman Act, "at least for allegations of unlawful tying arrangements, the required showings under both [acts] are identical." Smith Mach. Co. v. Hesston Corp., 878 F.2d 1290, 1299 (10th Cir. 1989). Suture Express v. Owens & Minor Distribution, 851 F. 3d 1029 (10th Cir. 2017).* * *Section 4 of the Clayton Act provides: [A]ny person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue ... in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee. 15 U.S.C. � 15(a). The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "Act" or "HSR Act") was passed by Congress "[t]o improve and facilitate the expeditious and effective enforcement of the antitrust laws." Pub.L. No. 94-435, 90 Stat. 1383, 1383 (codified as amended at 15 U.S.C. � 18a). The Act added Section 7A to the Clayton Antitrust Act of 1914, 15 U.S.C. � 12 et seq., to establish notification and waiting requirements for large acquisitions and mergers. The principal purpose of the Act is to facilitate Government identification of mergers and acquisitions likely to violate federal antitrust laws before the proposed deals are consummated. The Federal Trade Commission ("FTC" or "Commission"), with the concurrence of the Assistant Attorney General for the Antitrust Division, has extensive authority under the Act to define terms in the HSR Act and to promulgate regulations necessary to carry out the purposes of the Act. Pharm. Research and Mfrs. of America v. FTC, 790 F. 3d 198 (DC Cir. 2015).To prove an unlawful merger claim under � 7 of the Clayton Act, a plaintiff must show that the effect of the challenged acquisition "may be substantially to lessen competition, or to tend to create a monopoly." 15 U.S.C. � 18. The plaintiff need not prove that a merger or acquisition has altered prices in the relevant market; rather, "[a]ll that is necessary is that the merger create an appreciable danger of such consequences in the future." Saint Alphonsus Med. Ctr.-Nampa Inc. v. St. Luke's Health Sys., Ltd., 778 F.3d 775, 788 (9th Cir.2015) (quoting Hosp. Corp. of Am. v. FTC, 807 F.2d 1381, 1389 (7th Cir.1986)). Boardman v. Pacific Seafood Group, 822 F. 3d 1011 (9th Cir. 2016).