Department of Justice in which DOJ has told the company it would otherwise contend that exchanges of advertising sales pacing information by the company in certain local markets violated Section 1 of the Sherman Act
. According to an announcement made by DOJ, four other broadcasters, CBS Corporation (CBS), Cox Enterprises Inc., Fox Corporation (FOXA), and TEGNA Inc.
The federal Sherman Act
and analogous Florida statutes are the principal laws applicable to antitrust cases.
WICKARD AND THE SHERMAN ACT
: THE DOMINANT JUDICIAL NARRATIVE 1338
Oligopolies have always posed problems for conventional antitrust law: without something that can be called an agreement, they elude scrutiny under section 1 of the Sherman Act
, 15 U.S.C.
In over a century since its enactment, the words that comprise the Sherman Act
have remained relatively unchanged.
(Adoption of Chicago School interpretations of consumer welfare and policy positions on particular competitive practices would occur neither immediately nor completely.) In 1979, citing Bork, the Court declared that "Congress designed the Sherman Act
as a 'consumer welfare prescription.'" Over time, the maxim that antitrust law should protect "competition rather than competitors" became canonical.
While cases challenging anticompetitive platform MFNs are less common in the United States, they would likely be framed as agreements in restraint of trade in violation of Section 1 of the Sherman Act
, or as monopolization or attempts to monopolize in violation of Section 2 of the Sherman Act
But supplier group members must be aware of antitrust issues under the Sherman Act
when collecting as a group.
The four companies assembling iPhones and other products for Apple Incclaim that Qualcomm violated two section of the Sherman Act
. The lawsuit should come as a setback to Qualcomm whose CEO Steve Mollenkopf recently commented that Apple would eventually settle for an out of court settlement.
Section 1 of the Sherman Act
prohibits contracts "in restraint of trade or commerce among the several States." (1) How should a proponent of an "original public meaning" approach to statutory interpretation go about determining whether a challenged agreement is, in fact, "in restraint of trade"?
He said failure to recognize discrimination based on sexual orientation is a form of sex discrimination "would make the statute anachronistic, just as interpreting the Sherman Act
by reference to its 19th century framers' understanding of completion and monopoly would make the Sherman Act