Bus. Law Final

companies who create a trust

manage the trust

they would lower prices so that other companies couldn't compete and would be forced to either fold or join

interferes with competition in the market

one company or a group of companies controlls the market and there is little to no competition

• unique product
• superior product

put a restraint on trade

Republican from Ohio who made the first anti-trust legislation

companies who put a restraint on trade

there MUST be an agreement between 2 or more parties with a wrongful purpose and result

agreement was a violation from the start; they were obviously trying to force out competition

price fixing or selling in different areas

• 2 companies pressure a 3rd company to NOT sell to their competetor
• Ex: GM tells Bridgestone to NOT sell their tires to Infiniti

you must first got to per-se; if you see and agreement between compaines in the chain of commerce, then analyze to see if there is a restraint on trade

for companies already having a monopoly, seeing if they put a restraint on trade and how did they get to their monopoly power

price discrimination (selling something at a different price to someone as opposed to the price you sell to everyone else)

tying/exclusive agreement (forcing a buyer to buy something else that they don't want OR only selling to exclusive customers)

two companies merge and that merger creates a monopoly

everyone is in the same business and are competetors; usually indicates a per-se violation

everyone isn't competetors because they are in the chain of commerce; usually indicates a rule of reason analysis

companies divide a market and sell in different areas

two competing companies merge

two companies in the chain of commerce merge

evealuate agreements/mergers AND companies who already have monoplolies to see if it will create a restraint on trade

your competetors OR the government

attorney fees, treble (triple) damages, injuctive relief

the rule of reason test

pricing a product less than the manufacturing price in order to keep competetors out of the market

civil AND criminal

civil

merging with the company that's after you in the production chain

merging with the company that's before you in the production chain

trying to meet competitor's low prices

• -justifying cost (making more things costs less and can be priced lower)
• -company is going bankrupt and needs to get rid of their stock

• -baseball
• -insurance companies
• -political parties
• -certain unions and agricultural associations

you sell a business and your contract says you can't open up another business

intended to prevent frauds related to investing into securities and the public demanded protection

set up as an independent regulatory agency to regulate the sale of every publicly traded security

companies were required to disclose everything that was relevant to the sale and purchase of securities (stocks and bonds) because people need and want to know about this company and how they're doing

booklet that tells you about a new issuance of stock that a company that people put out there   

20 days

federal statue that applies to every transaction of a publicly traded security; companies MUST provide you all the info on that security OR cannot misrepresent material fact  

“insider trading statute”; trading on insider information that other people don't have and you make a big profit on it

any director, officer, or large shareholder (10% or more stock) buys and then sells within a 6 month period, you will be prosecuted because they assume you have some sort of inside info, otherwise you wouldn't have bought and sold so quickly)

action or pollution affects small amount of people, but not the public at large

provided for civil and criminal penalties for companies that were engaged in polluting the environment (fines, penalties, prosecution)

in every action in which there was a federal connection, then an environmental impact statement is required from the company

how will it affect the environment, what can be done to reduce environmental impact, is the impact irreversible?

federal legislation that established minimum pollution levels in the air (cars and stationary utility companies) with civil and criminal penalties (attoreny fees, injunctive relief and criminal fees)

makes water safe for swimming, wildlife, etc. eliminate companies from polluting any waters

sets maximum levels of pollution in our water systems

regulates of transportation and dumping of things in the oceans

regulates use, labeling, and registration of agricultural chemicals as long as the product is determinded to be reasonably safe for the general public by the EPA  

anyone connected in any way to the spill

federal agency that regulates nuclear energy and energy plants

countries, not private parties

every sister court will extend full faith and credit to another court in relation to the claim

under certain circumstances, we will extend comity to another court in another country

• •we will defer to the laws of the country
• •the nation's law or policy is consistent with ours
• •did the defendant have the opportunity to defend their selves
• •if they use a religious edict or the defendant has no opportunity to defend

our state judiciary will not render a judgement of a country or government that it commits or performs within its boundaries (like when people fled from Cuba to the US and tried to pursue claims to get their property back)

a defense to a claim in reference to an action that's brought within the united states against a foreign nation

mailing directly to retailers

sending product to distributor who distributes to retailers

you have an agent distributing your product

you let a company use your intellectual property to sell

• Imports: quotas
• Exports: quotas and tariffs

trying to get an upper hand wrongfully

facilitate free trade across borders; agreements are multilateral

common law vs. civil law (statutory law)

what consequences would follow if everyone acted the same way, what is the impact on business?  (i.e.: what if everyone bribed people?)