Prohibited Acts
Prohibited Acts
One. Anti-Competitive Agreements
· Agreements substantially preventing, restricting, lessening competition
· Competitors do not include entities under common control, with common economic interests, not able to act independently of each other
· Defense:
· If transaction improves the production or distribution of goods and services, or promotes technical or economic progress, while allowing consumers a fair share of the benefits
· If gains in efficiency are greater than the effects on limitation
a. Price Fixing
a. Price Fixing o Competitors collude to fix prices rather than allow prices to be determined by market forces o Per se prohibited o Restricting competition as to price and/or other components of trade