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Antitrust Policy and Regulation McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc.. • Some of the Key Issues Relating to the Interpretation and Application of Antitru

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Antitrust Policy and Regulation

McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc All rights reserved.

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• Some of the Key Issues Relating to the Interpretation and Application of

Antitrust Laws

• The Economic Principles and Difficulties Related to the Setting of Prices (Rates) Charged by So-Called

“Natural Monopolies”

• The Nature of “Social Regulation,” Its Benefits and Costs, and Its Optimal

Level

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Show

ANTITRUST POLICY AND REGULATION

Antitrust Policy Industrial Regulation Social Regulation

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• Section 2 - Price Discrimination

• Section 3 - Tying Contracts

• Section 7 – Stock Ownership

• Section 8 – Interlocking

Directorates

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Show

THE ANTITRUST LAWS

Federal Trade Commission Act of 1914

• Established FTC

• Holds Hearings on Complaints

• Seeks Cease-and-Desist Orders

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Show

THE ANTITRUST LAWS

Celler-Kefauver Act of 1950

• Strengthened Clayton Act

Regarding Asset Ownership in Competing Firms

• Anticompetitive Mergers Illegal

No Matter How Accomplished

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Show

THE ANTITRUST LAWS

Issues of Interpretation

• Monopoly Behavior vs Structure

• Standard Oil Case – 1911

• U.S Steel Case – 1920

•Rule of Reason

• Alcoa Case - 1945

• Du Pont Cellophane Case

Issues of Enforcement: Tradeoffs Among Goals

• Balance of Trade

• Defense Cutbacks

• Emerging New Technologies

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Antitrust Policy

• Issues of interpretation

• Monopoly behavior or structure

• 1911 Standard Oil Case

• 1920 U.S Steel Case

• 1945 Alcoa Case

• The relevant market

• 1956 DuPont Cellophane Case

• Issues of enforcement

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Denim Fabric

Z Y

X W

V U

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Industrial Regulation

• Natural monopolies

• Economies of scale

• Public utilities

• Electricity, water, gas, phone

• Solutions for better outcomes

• Public ownership

• Public regulation

• Public interest theory of regulation

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State public utility

commissions (various years)

Electricity, gas telephones

*Originally called the Federal Power Commission, renamed in 1977

18-14

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Problems with Industrial

Regulation

• Regulators establish rates to give

natural monopoly “fair return”

• No incentive to reduce cost

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• Began in the 1970s

• Has produced large net benefits for

consumers and society

• Industries deregulated include:

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•Food & Drugs (1906)

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Social Regulation

• Concerned with the conditions under which goods and services are

produced

• Impact of production on society

• Physical qualities of goods

• Applied “across the board” to all

industries

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Social Regulation

Commission

Food and Drug Administration

(1906) Safety and effectiveness of food, drugs, and cosmetics

Equal Employment Opportunity

Commission (1964)

Hiring, promotion, and discharge

of workers

Occupational Safety and Health

Administration (1972) Industrial health and safety

Environment Protection Agency

(1972) Air, water, and noise pollution

Consumer Product Safety

Commission (1972)

Safety of consumer products

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• There is No Free Lunch!

• Less Government is Not Always Better than More

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• Appeals Court Ruling

• Final Settlement

– No Break Up

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