Antitrust Law: A Comprehensive Guide to the Sherman Clayton and FTC Acts

50 questions on antitrust law, answered and cited by the UpLaw editorial team.

• Are no-poach and wage-fixing agreements between employers illegal?
• Are restraints ancillary to a joint venture judged under the per se rule?
• Can a company acting alone violate Section 1 of the Sherman Act?
• Can a parent corporation illegally conspire with its wholly owned subsidiary?
• Can indirect purchasers recover damages for an antitrust overcharge?
• Can using a patent violate antitrust law, and are reverse-payment settlements legal?
• Can you go to prison for an antitrust violation?
• Does a company have a duty to deal with its competitors?
• Does antitrust law protect competitors or competition?
• How are bundled discounts analyzed under antitrust law?
• How can merging companies rebut the government's prima facie merger case?
• How does antitrust law treat vertical restraints like territorial and dealer restrictions?
• How does the rule-of-reason burden-shifting framework work?
• How is the relevant market defined in an antitrust case, and what is the Cellophane fallacy?
• How much market share is needed to establish monopoly power?
• Is algorithmic pricing a form of illegal price fixing?
• Is it illegal for a monopolist to charge monopoly prices?
• Is it legal for competitors to exchange pricing information with each other?
• Is minimum resale price maintenance (RPM) illegal?
• Is parallel pricing by competitors enough to prove a price-fixing conspiracy?
• Is price fixing illegal even if the agreed prices are reasonable?
• What are the elements of a monopolization claim under Section 2 of the Sherman Act?
• What are the elements of an unlawful tying arrangement?
• What are the elements of attempted monopolization?
• What are the main federal antitrust statutes, and what does each one cover?
• What are the “plus factors” that help prove an antitrust price-fixing conspiracy?
• What damages and remedies can a private antitrust plaintiff recover?
• What did NCAA v. Alston decide?
• What did Ohio v. American Express decide about two-sided platforms?
• What does Section 1 of the Sherman Act prohibit, and what are its elements?
• What does the Robinson-Patman Act prohibit, and is it still enforced?
• What is a hub-and-spoke conspiracy in antitrust law?
• What is antitrust injury, and why does it matter?
• What is bid rigging, and is it a crime?
• What is horizontal market allocation, and why is it per se illegal?
• What is Noerr-Pennington immunity in antitrust law?
• What is predatory pricing, and how is it proven?
• What is the difference between the per se rule and the rule of reason?
• What is the DOJ Antitrust Division's Leniency Program?
• What is the Hart-Scott-Rodino Act, and what is “gun-jumping”?
• What is the legal standard for blocking a merger under Clayton Act Section 7?
• What is the “quick look” analysis in antitrust law?
• What is the state-action doctrine, and when does it immunize conduct from antitrust law?
• What is the statute of limitations for antitrust claims?
• What must an antitrust complaint allege to survive a motion to dismiss under Twombly?
• What must plaintiffs show to certify an antitrust class action?
• What types of agreements are per se illegal under the antitrust laws?
• When does exclusive dealing violate the antitrust laws?
• When is a group boycott (a concerted refusal to deal) per se illegal?
• Who has standing to sue for an antitrust violation?