Question

Consider the following U.S. statutes.

? Celler-Kefauver Act.

? Clayton Act, Section 7.

? Federal Trade Commission Act.

? Hart-Scott-Rodino Act.

? Sherman Act, Section 1.

? Sherman Act, Section 2.

a. Which statute prohibited monopolizing or attempting to monopolize an industry?

b. Which statute prohibited merger by acquiring the assets of a rival corporation, where the effect was to lessen competition?

c. Which statute prohibited merger by acquiring the stock of a rival corporation, where the effect was to lessen competition?

d. Which statute prohibited contracts or combinations in restraint of trade?

e. Which statute required prior notification of mergers to both the Federal Trade Commission and the Antitrust Division of the Department of Justice?

Answer 1

a) Section 2 of the Sherman Act makes it unlawful for any person to "monopolize, or attempt to monopolize, or combine or conspire with any other person or to monopolize any part of the trade or commerce among the several States, or with foreign nations .

b) Celler-Kefauver Act. he Celler-Kefauver Act attempted to prevent vertical and conglomerate mergers by forbidding companies from buying assets from competitors when it would result in reduced competition.

C) Section 7 [of the Clayton Act] prohibits any corporation engaged in commerce from acquiring, directly or indirectly, the stock or assets of any other corporation engaged in commerce “where in any line of commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition,

D)Sherman Act, Section 1 The Sherman Antitrust Act (1890). Section 1. Trusts, etc., in restraint of trade illegal; penalty. Everycontract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.

E) Hart-Scott-Rodino Act The Act provides that before certain mergers, tender offers or other acquisition transactions (including certain grants of executive compensation) can be completed, both parties must file a "notification and report form" with the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice