The Short Answer: Yes. A class action is a procedural device that allows groups of similarly situated plaintiffs to sue together for efficiency reasons. The class of plaintiffs in an antitrust case typically consists of businesses and/or consumers who purchased the same goods or services…
The Short Answer: In a monopoly, a seller has market power to increase its selling prices to above-competitive levels. In a monopsony, a buyer has market power to lower its purchasing prices to below-competitive levels. A monopsony is an antitrust violation when a seller has monopsony power…
The Short Answer: Two or more businesses that work together to produce something. Antitrust Law: An Analysis of Antitrust Principles and Their Application (Areeda and Hovenkamp) (“A joint venture is a form of organization in which two or more firms agree to cooperate in producing some input that…
The Short Answer: Negative tying is where a seller conditions the sale of one product (the Tying Product) on the buyer agreeing not to purchase a second product (the Tied Product) from a competing seller. Why Is That Called A “Negative” Tie? A positive tie is where a seller conditions the…
The Short Answer: Companies that operate on different levels of the supply or distribution chain are vertical to one other. For example, a parts supplier and manufacturer. A manufacturer and a distributor. A distributor and retailer. Vertical companies don’t compete with one another. They’re more likely business counterparties.
Blockchain is an emerging technology that is already changing the way companies do business. Despite its nascent and novel nature, companies using blockchain technology, as well as suppliers and end users, might still get caught in the same old anticompetitive practices subject to the…