- A little more detail on the Clayton Act:
- 1. Price discrimination for reasons other than cost differences or to match a competitor
- A firm which charges prices below those of its competitors in regions with competition and higher prices where no competition exists might be in violation of this clause.
- 2. Tying contracts, requirements contracts, exclusive dealing contracts
- Tying contracts are contracts that require a buyer to agree to buy one good in order to be allowed to buy another. An example might be a software publisher refusing to sell its operating system to computer manufacturers who don't agree to install its web browser.
- Exclusive dealing contracts prohibit purchasing any units from a competitor.
- Requirement contracts require that replacement parts and service only be supplied by the original vendor.
- 3. Mergers that substantially reduce competition
- If a merger would tend to create a monopoly it can be blocked.
- 4. Direct interlocking directorates
- Prohibits individuals from sitting on the boards of directors of multiple firms in the same industry. Note: It does not prevent directors of two firms in the same industry from sitting on a third, unrelated board of directors.
-
-
Copyright © 1995-2004 OnLineTexts.com, Inc. - All Rights Reserved