antitrust

Conscious Parallelism

Conscious parallelism refers to businesses changing their prices to reflect the prices of competitors within a market without colluding or communicating with competitors. Unlike price-fixing which involves conscious agreement between...

Divestiture

Definition from Nolo’s Plain-English Law DictionaryThe disposition or sale of an asset by a company or government entity. It may be voluntary or ordered by a court.

Definition provided by Nolo’s Plain-English Law Dictionary.

Divestment

Definition

The partial or full removal of an asset or investment from a business' books. Businesses can divest through sale, closure or bankruptcy. May also refer to a change in corporate strategy or a withdrawal from certain investment goals.

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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...

Exclusive License

Definition from Nolo’s Plain-English Law DictionaryA written contract in which the owner of a patent, copyright, trademark, or trade secret authorizes, for a limited time, someone (the licensee) to exclusively exercise one or more of the rights. For...

Federal Trade Commission

The Federal Trade Commission is an independent federal agency established by Congress. The FTC is led by five appointed commissioners, and is separated into two different bureaus: the bureau of consumer protection, which focuses on consumer fraud and...

Federal Trade Commission (FTC)

Definition from Nolo’s Plain-English Law DictionaryA federal government agency established to regulate business practices and enforce antitrust laws. The FTC often shows up in the news when big businesses attempt to merge, but it also plays a role in...

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

Hypothetical Monopolist Test

In antitrust law, under the Horizontal Merger Guidelines, the hypothetical monopolist test is used as a framework to determine if a relevant product market is properly defined as a first step before it is determined whether a company has monopoly power...

Market Definition

In antitrust law, market definition 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 consumers. FTC v. Whole Foods...

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