1. Enforcing Competition: the United States Antitrust Laws
The basic statutes
A. Sherman Antitrust Act of 1890
B. Clayton Antitrust Act of 1914
C. Federal Trade Commission Act, 1914
Who enforces?
A. Antitrust Division, DOJ
B. Federal Trade Commission
C. Private Plaintiffs

2. Enforcing Competition: the United States Antitrust Laws
What’s illegal? Sherman Act
Sec. 1 Restraint of trade: Price fixing
Agreements to share a market
“Unreasonable” vertical restraints
Sec. 2 Monopolization:
“Mere size [is not] an offense
“Power plus intent” to exclude
but something more than ordinary success.

3. Enforcing Competition: the United States Antitrust Laws
What’s illegal? Clayton Act
Sec. 7 Mergers and acquisitions…
Sec. 3 Tying contracts and exclusive dealing…
Sec. 2 Price discrimination…
“….that substantially lessen competition or
tend to create a monopoly.”