antitrust

gun jumping

Gun jumping refers to unlawful activities by a company awaiting regulatory approval for a transaction. The term arises in the context of (1) securities regulation and (2) anti-trust regulation.

(1) Gun jumping in Securities Regulation...

horizontal scheme

Horizontal scheme is a term used to describe illegal activities between competitors in a market, violating antitrust law. These activities include price fixing, bid rigging, and market allocation.

Price fixing is when two or more...

hypothetical monopolist test

The hypothetical monopolist test is the test under the Horizontal Merger Guidelines to determine if a relevant product market is properly defined before it can be determined whether a company has monopoly power in that market, or has violated...

kickbacks

A "kickback" is a term used to refer to a misappropriation of funds that enriches a person of power or influence who uses the power or influence to make a different individual, organization, or company richer. Often, kickbacks result from a...

market definition

In antitrust law, market definition is what determines the economic sphere in which anti-competitive conduct is measured.

Some courts have determined market definition based only on marginal consumers, to the neglect of core...

monopoly

A monopoly is when a single company or entity creates an unreasonable restraint of competition in a market. The term “monopoly” is often used to describe instances where there is a single seller of a good in a market. In a legal context, the...

predatory pricing

Below-cost pricing intended to eliminate specific competitors and reduce overall competition.

See Antitrust for more information.

price discrimination

Price discrimination refers to the practice of charging different customers different prices for the same good or service. Price discrimination can be direct, in that different prices are charged to different buyers, or indirect, when a...

price fixing

Price fixing occurs when competitors reach an agreement (written, oral, or inferred from conduct) with the purpose and effect of raising, lowering, or stabilizing prices for services or products. Under the free market principles underlying...

price-fixing

Price fixing occurs when competitors reach an agreement (written, oral, or inferred from conduct) with the purpose and effect of raising, lowering, or stabilizing prices for services or products. Under the free market principles underlying...

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