Competition and Antitrust Law: Conglomerate Mergers
An evaluation of the European Commission treatment of the anti-competitive effects of conglomerate mergers.
Research Paper # 99367 |
2,228 words (
approx. 8.9 pages ) |
17 sources |
APA | 2006
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$ 41.95
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Abstract
Whilst the US.authorities have expressly concluded that anti-trust should rarely, if at all, interfere in the taking place of conglomerate mergers, the European Commission (EC) has, in contrast, become increasingly concerned with the 'conglomerate effects' of mergers, in a number of its relatively recent decisions. This paper discusses the potential anti-competitive effects that can result from such mergers, and then subsequently focuses on two key E.C. decisions - GE/Honeywell and Tetra Laval/Sidel for the main analysis, with relevant comparison between E.C. and U.S. perspectives.
Outline
Abstract
Anti-Competitive Effects Resulting From Conglomerate Mergers
The GE/Honeywell Saga
Tetra Laval/Sidel
Conclusion
From the Paper
"The issue of 'efficiencies' represented a major point of divergence in the EC and US attitudes towards the potential effects of the merger and was a theme which ran through the core of many of the individual points and arguments made. Efficiency is considered to be the "ultimate goal" of US ant-trust policy , with the purpose of the Sherman Act and other competition laws being to "protect competition, not competitors" . The EC's decision in GE/Honeywell was thus heavily criticised for, as far as the US authorities perceived it, actually blocking the merger because it would give rise to efficiencies, such as lower capital costs and cheaper prices, which Honeywell's rivals would be unable to compete with."
Tags:General, Electric, Honeywell, Tetra, Pak, Laval, Sidel, market, dominant, leverage, monopoly
Examines an anti-trust case against the Wisconsin Chiropractic Association (WCA).
Case Study # 114165 |
800 words (
approx. 3.2 pages ) |
2 sources |
APA | 2009
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$ 17.95
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Abstract
This paper explains the role of the Federal Trade Commission (FTC) in protecting consumers against anti-competitive or anti-trust behavior especially in fields, such as health care and health insurance. The paper presents a case study of the Wisconsin Chiropractic Association (WCA), which was penalized by the FTC for creating a conspiracy amongst WCA members to increase prices for chiropractic services and to boycott third-party payers for the purpose of obtaining higher reimbursement rates from health insurance companies. The paper considers the actions of the FTC to be justified.
Table of Contents:
The Role of the Federal Trade Commission
Conduct of the WCA: Anti-competitive behavior
Penalty: Fair or unfair?
From the Paper
"The misconduct did not simply end there: the WCA also circulated fee surveys to facilitate coordinated pricing by its members, thus demonstrating when certain members were 'undercharging' customers, which meant they would be contacted and encouraged to charge more. It aggressively pursued all its members and encouraged them to charge more money, urging chiropractors not only to squeeze more money from client's pockets but also to negotiate higher fees with health insurance companies."
Tags:consumers boycott insurance, fixing prices, fee surveys
An analytical essay on the Sherman Anti Trust Act of 1890, including its background, impact, pros and cons.
Analytical Essay # 118964 |
1,864 words (
approx. 7.5 pages ) |
4 sources |
MLA | 2008
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$ 35.95
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Abstract
This paper examines the Sherman Anti Trust Act of 1890, the brainchild of Senator John Sherman of Ohio. The paper describes the background of the Act and its implementation. It also describes the features of the Act and its subsequent amendments and discusses the impact that the Act had. The paper finally discusses the pros and cons of the Sherman Act.
Table of Contents:
Introduction
Background
Implementation Hiccups
Impact of the Act and Results Thereof
Salient Features of the Sherman Antitrust Act
Ramifications of the Act till Date
Pros and Cons
Conclusion
From the Paper
"The Sherman Act is a comprehensive package of law which discourages monopoly and is very discreet and comprehensive in the present day scenario. It has guided and enforced certain regulations on large corporations which have had a beneficial effect on the overall economy of the nation and better wealth distribution among the stockholders. Healthy competition between organizations as a result of removal of restrictive trade practices have resulted in better products for the common people with a uniform pricing policy. The mere presence of the Act and its validity in the present day economic scenario deters large corporations with monopolistic designs to desist from such activities as has been lately exemplified by the case of the software giant, Microsoft Corporation. The foresight of John Sherman and his sharp acumen in recognizing the need for such an act almost 100 years ago deserves accolades as it has shaped the destiny of the country's economy and its success. It is a matter for the politicians to use such Acts with honesty and dedication and not be influenced by political reasons."
Tags:monopoly, commerce, corporation, competition
An exploration and critique of the investigations conducted by the European Union in regard to anti-dumping.
Analytical Essay # 150276 |
2,879 words (
approx. 11.5 pages ) |
6 sources |
APA | 2012
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$ 51.95
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Abstract
The paper looks at the Foreign Trade Association concerns regarding the EU's anti-dumping actions and assesses the actions and impacts of the European Union's decisions regarding anti-dumping. The paper examines the 287 investigations conducted from 1998 through 2008 and reveals four distinct patterns which characterize the anti-dumping investigations. The paper further finds that China has constituted a primary target of the European Union's anti-dumping investigations and measures. The paper concludes that the EU investigates and implements measures against those economically emergent countries which manufacture products in industries where the EU members are losing their competitive edge, and this is the reason behind the abusive investigations launched against China. This paper contains figures and charts.
Outline:
Introduction
The European Union's Stand on Dumping and Anti-Dumping
Criticism of EU's Approach to Anti-Dumping
A Decade of Investigations
The Case of China
Conclusions
From the Paper
"The European Union has implemented anti-dumping policies since its early existence and throughout the years, it has perfected its legislation. The early laws were reviewed and new additions were made through the new anti-dumping regulations of 1995, which were then revised and replaced by the 384 Regulation of 1996. The latter legislative form differs from the previous ones from two standpoints - first of all, it incorporates the conclusions of the Uruguay Round in terms of anti-dumping and secondly, it also addresses the issue of increasing the efficiency of dealing with anti-dumping investigations and resolutions by implementing decreased time limitation throughout which complaints must be assessed and decisions must be made.
"The EU offers a general definition of dumping, as presented in the political and economic literature, but argues that in reality, the situation is far more complex than traditionally described. In this order of ideas, the European Union considers as dumping practices those actions which simultaneously meet three conditions - the retail price onto the European market is lower than that on the local market of the exporter; the industries within the EU were negatively affected by these actions, and third, the EU can respond to these threats in an efficient manner which promotes the interest of the Community."
Tags:European, Commission, imports, price, China
Examines whether anti-trust laws are a help or a hindrance to the economy.
Essay # 67467 |
2,830 words (
approx. 11.3 pages ) |
14 sources |
MLA | 2006
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$ 50.95
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Abstract
Trusts are viewed as competition destroyers which attempt to control the market for a product. Anti-trust laws arose out of the abuse of such trusts and these laws persevere to this day. This paper questions whether the government's enforcement is executed when the economic climate is right or whether the enforcement is occurring at regular intervals. It also questions whether certain corporations, like Microsoft, are unwitting targets of the government. The overall question in this paper is whether the enforcement of anti-trust laws harms American competition. The response lies in the history of anti-trust laws, the enforcement of such laws and the meaning of competition within economic understanding.
Paper Outline:
Introduction
The History of Anti-trust Laws
The Sherman Anti-Trust Act (1890)
The Clayton Anti-Trust Act (1914)
The Federal Trade Commission Act (1914)
Robinson-Patman Act (1936), Celler-Kefauver Act (1950) and The Hart-Scott-Rodino Antitrust Improvements Act of 1976
Competition
Enforcement
Has the Microsoft Anti-trust Case Helped or Hindered American Competition?
Has the Hart-Scott-Rodino Act Helped or Hindered American Competition?
Conclusion
From the Paper
"In 1911, two decades after the Sherman Act was passed, the U.S. Supreme Court found that the Standard Oil Company and the American Tobacco Company exerted unlawful monopolistic authority. This was the first major court decision since the Act was passed. The two mentioned companies were forced to dissolve into smaller firms that would compete against each other. The courts have not been consistent when interpreting the meaning of monopoly power under the Sherman Act either."
Tags:ALCOA, Department, of, Justice, Bill, Gates, HSR, Act
This paper discusses how anti-trust laws protect the integrity and competition of the market.
Term Paper # 97957 |
1,115 words (
approx. 4.5 pages ) |
4 sources |
MLA | 2007
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$ 23.95
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Abstract
The paper explains that anti-trust laws protect not only the small competitors from being taken out of business by predatory pricing attempts by the big league businesses, but also protects the consumer by protecting the free trade of competition in the market place. The paper examines the issue of below cost selling of products but notes the difficulty of proving that this is for the purpose of driving competition out of business. The paper discusses how small businesses must find other ways to compete and find their niche market in whatever field they are selling products and services.
From the Paper
"The American Dream is a concept that is followed around the world. It is a concept based on the premise that if one has a good idea, and is willing to work hard one can achieve great success. Years ago, when America was in its infancy this held true without government interference but in more recent history it has become entirely too competitive to achieve the American Dream in some areas of business without some protection of the marketplace. The anti-trust laws are in place for the purpose of protecting the market place. It protects not only the small competitors from being taken out of business by predatory pricing attempts by the big league businesses, it also protects the consumer by protecting the free trade of competition in the market place."
Tags:below-cost, small, business, consumer, monopolies
This paper discusses Microsoft's company history and the history of Microsoft's anti-trust case.
Term Paper # 68084 |
1,975 words (
approx. 7.9 pages ) |
9 sources |
MLA | 2005
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$ 37.95
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Abstract
This paper explains that, in 1993, the Justice Department (DOJ) began an investigation into the allegations that (1) Microsoft used predatory pricing tactics to destroy competitors and eliminate competition in the marketplace and (2) erected technical barriers within their operating systems to make it difficult or impossible for non-Microsoft software to run on Windows; on July 15, 1994, in a consent decree, Microsoft agreed that it would not tie other Microsoft products into its Windows operating system. The author points out that this dominance was due to Microsoft's (1) development of a common user interface, which allows users to use similar commands in each of the individual application products, (2) concept of backward compatibility so that the older versions of applications work with newer versions of the operating system and (3) integration of its individual applications allowed users to create and use data between applications such as a spreadsheet created in Excel could be imported into a PowerPoint presentation. The paper continues to describe several other anti-trust cases such as the 2004 agreement with the Computer and Communications Industry Association (CCIA) and Novell.
From the Paper
"In order to understand the environment in which the Microsoft anti-trust actions occurred, it is necessary to examine the beginnings of Microsoft. After an early career as a hacker, Bill Gates and Paul Allen founded Traf-O-Data in Seattle, Washington, a company started to develop and market a machine to generate traffic flow statistics. This machine was not the success that Gates and Allen hoped for, however. It may have been the youthfulness of the owners (Gates was 16), or it may have been that the state of Washington began to offer the same services for free."
Tags:dominance, strategy, common-user, agreement, gates
An overview of anti-trust legislation, public policies and the need for national champions.
Research Paper # 64204 |
6,388 words (
approx. 25.6 pages ) |
18 sources |
APA | 2005
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$ 88.95
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Abstract
Is the current body of U.S. anti-trust law good public policy? This paper describes the roots and the current status of antitrust legislation in the U.S. with special mentioning of the Puerto Rican situation. It also covers the economic reasoning of antitrust in the light of per se unfair practices and business justification. Then, it moves on to give an overview of international antitrust regimes, namely EU, Germany, China and Brazil. It then discusses the call for loosening the law to create national champions that can compete on an international level.
Paper Outline:
Introduction
History of Antitrust Law
Public Policy Goals of Antitrust Legislation
Overview of The Economics of Antitrust
The Law: Per Se Deceptive and Unfair Business Practices and "Rule of Reason
Agencies
Consequences
International Perspective
Public Policy Discussion: The Need for National Champions?
From the Paper
"In a concentrated market, with only a few firms, the danger is that they may find it easier to lessen competition by colluding. For example, they may agree on the prices they will charge consumers. The collusion could be in (i) an explicit agreement, or in a more subtle form known as (ii) tacit coordination or coordinated interaction . Accordingly, some cases are easier than others. The courts decided many years ago that certain practices, such as price fixing, are so inherently harmful to consumers that a detailed examination is not necessary to determine whether they are reasonable. The law presumes that they are violations - so-called per se violations - and condemns them almost automatically. Other practices demand closer scrutiny based on principles that the courts and antitrust agencies have developed. These cases are examined under a "rule of reason" analysis."
Tags:cartel, consumer, legislation, oligopoly, sherman, trust, vertical
This paper presents arguments in favor of applying more stringent anti-trust measures against the Microsoft company.
Essay # 33857 |
1,400 words (
approx. 5.6 pages ) |
4 sources |
2002
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$ 28.95
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Abstract
This essay discusses how Microsoft should either be broken up or be forced to alter its business or its products more fundamentally in order to reduce barriers to competition. This is because Microsoft has used its market power to destroy competition.
Tags:microsoft, anti, trust
A look at two famous anti- trust cases in America - United States government against the Microsoft Corporation and United States Government against the Northern Securities Rail Road Company.
Comparison Essay # 5945 |
1,000 words (
approx. 4 pages ) |
3 sources |
MLA | 2001
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$ 21.95
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Abstract
This paper examines the similarities and dissimilarities between these two cases, both of which center around the issue of what constitutes a monopoly, but were generated by widely different circumstances and times United States history.
From the Paper
"One of the most famous anti-trust litigation suits in recent memory is that of the United States government's against the Microsoft Corporation. Anti-trust litigation is not a new phenomenon, of course. Anti-trust cases date back to the beginning of the century, as far back as 1904 when the United States Government case against the Northern Securities rail road company oversaw the dismantling of that company's monopoly over the transportation industry."
Tags:legal, competition, monopoly, Microsoft, Windows, railroad, transport