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business law

Dealer

1.  A retailer who purchases goods or services for resale to consumers in a principal capacity.

2.  In securities law, a person who functions at least part time as an agent, broker, or principal in the business of offering, buying, selling, or otherwise dealing in securities issued by another person.  Either direct or indirect involvement with such transactions can suffice for classification as a dealer.  See, e.g., 15 U.S.C.

Predatory pricing

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

See Antitrust Law for more information.

Exclusive dealing arrangement

Definition

Exclusive dealing arrangements are essentially requirements contracts in which a seller agrees to sell all or a substantial portion of its products or services to a particular buyer, or when a buyer similarly agrees to purchase all or a portion of its requirements of a product or service from a particular seller. 

Tying arrangement

Definition

An agreement in which the seller conditions the sale of one product (the "tying" product) on the buyer's agreement to purchase a separate product (the "tied" product) from the seller.   Alternatively, it is also considered a tying arrangement when the seller conditions the sale of the tying product on the buyer's agreement not to purchase the tied product from any other seller.  See Eastman Kodak v. Image Technical Services, Inc., 504 U.S. 541 (1992).

Collusive bidding

An agreement among two or more competitors to change the bids they otherwise would have offered absent the agreement. Under Section 1 of the Sherman Antitrust Act, collusive bidding is per se illegal.

See Antitrust Law for more information.

Horizontal scheme

A cooperation agreement between competitors on the same level of commerce.  A horizontal scheme violates antitrust law if it involves price-fixing or any other recognized restraint on trade.  

See Antitrust Law

Price-fixing

A purposeful freeze or maintenance of prices that is contrary to the free market.  Price-fixing is an illegal restraint on trade under Section 1 of the Sherman Antitrust Act.

See Antitrust Law

 

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