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Showing papers in "Hastings Law Journal in 1970"


Journal Article
TL;DR: The Sherman Act (1890) prohibits conspiracies to create monopolies and anticompetitive conduct, and the Clayton Act (1914) regulates mergers (Hylton) as mentioned in this paper.
Abstract: Antitrust law consists primarily of three federal laws: The Sherman Act (1890) prohibits conspiracies to create monopolies and anticompetitive conduct. The Clayton Act (1914) regulates mergers (Hylton). The Federal Trade Commission Act (1914) created the Federal Trade Commission and regulates advertising and other interstate competition (DOJ). Cases related to these laws are either decided using the “reasonable rule” which requires the plaintiff prove that defendants’ actions created an “unreasonable” restriction of competition in the market; or by the per se rule which infers the conduct and intent of the defendant based on their actions’ result (Hovenkamp).

130 citations