The Federal Trade Commission justified a decision and order on the sale of those properties per Section 7 of the Clayton Act
, a century-old law augmenting the Sherman Act of 1890.
the DOJ demonstrated the agencies willingness to pursue merger cases under the Clayton Act
, regardless of reportability.
His Clayton Act
claim also failed because it applies solely to commodities.
The groups sent a co-signed letter to William Baer, the assistant attorney general of the Antitrust Division, saying that the merger would "substantially lessen competition, or tend to create a monopoly," which is forbidden by Section 7 of the Clayton Act
Mergers and acquisitions may substantially lessen competition with the tendency to create a monopoly, and they are subject to Section 7 of the Clayton Act
22) Courts utilize two Congressional acts to deal with tying: the Sherman Act of 189023 and the Clayton Act
163) Appropriately, the defendant analogized RICO treble damages to the treble damages recoverable under [section] 4 of the Clayton Act
, which served as RICO's model.
The Clayton Act
prohibits certain business practices when the effect may be to substantially lessen competition, including price discrimination among customers, tying agreements and mergers and acquisitions.
Selected statutes include the Sherman Act, Clayton Act
, Railway Labor Act of 1926, National Labor Relations Act of 1935, Federal Arbitration Act, and US Bankruptcy Code.
7) The HSR Act of 1976 established a formal preclearance mechanism for reviewing mergers that might violate the Clayton Act
It is arguable that the current Clayton Act
, which sets the rules for merger controls, would allow the FTC or Department of Justice to take into account whether a merger will weaken a company financially, such that it might be more susceptible to failing and thereby render the transaction ultimately anticompetitive.
achieve that goal are section 3 of the Clayton Act
, (3) section 1 of the