Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through private enforcement. Competition law is known as "antitrust law" in the United States for historical reasons, as "anti-monopoly law" in China and Russia. In previous years it has been known as trade practices law in Australia. In the European Union, it is referred to as both antitrust and competition law; the history of competition law reaches back to the Roman Empire. The business practices of market traders and governments have always been subject to scrutiny, sometimes severe sanctions. Since the 20th century, competition law has become global; the two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states.
National competition law does not cover activity beyond territorial borders unless it has significant effects at nation-state level. Countries may allow for extraterritorial jurisdiction in competition cases based on so-called effects doctrine; the protection of international competition is governed by international competition agreements. In 1945, during the negotiations preceding the adoption of the General Agreement on Tariffs and Trade in 1947, limited international competition obligations were proposed within the Charter for an International Trade Organisation; these obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT Multilateral Negotiations, the World Trade Organization was created. The Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis. Competition law, or antitrust law, has three main elements: prohibiting agreements or practices that restrict free trading and competition between business.
This includes in particular the repression of free trade caused by cartels. Banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, price gouging, refusal to deal, many others. Supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licenses or access to facilities to enable other businesses to continue competing. Substance and practice of competition law varies from jurisdiction to jurisdiction. Protecting the interests of consumers and ensuring that entrepreneurs have an opportunity to compete in the market economy are treated as important objectives. Competition law is connected with law on deregulation of access to markets, state aids and subsidies, the privatization of state owned assets and the establishment of independent sector regulators, among other market-oriented supply-side policies.
In recent decades, competition law has been viewed as a way to provide better public services. Robert Bork argued that competition laws can produce adverse effects when they reduce competition by protecting inefficient competitors and when costs of legal intervention are greater than benefits for the consumers. An early example was enacted during the Roman Republic around 50 BC. To protect the grain trade, heavy fines were imposed on anyone directly and insidiously stopping supply ships. Under Diocletian in 301 A. D. an edict imposed the death penalty for anyone violating a tariff system, for example by buying up, concealing, or contriving the scarcity of everyday goods. More legislation came under the constitution of Zeno of 483 A. D. which can be traced into Florentine municipal laws of 1322 and 1325. This provided for confiscation of property and banishment for any trade combination or joint action of monopolies private or granted by the Emperor. Zeno rescinded all granted exclusive rights. Justinian I subsequently introduced legislation to pay officials to manage state monopolies.
Legislation in England to control monopolies and restrictive practices was in force well before the Norman Conquest. The Domesday Book recorded that "foresteel" was one of three forfeitures that King Edward the Confessor could carry out through England, but concern for fair prices led to attempts to directly regulate the market. Under Henry III an act was passed in 1266 to fix bread and ale prices in correspondence with grain prices laid down by the assizes. Penalties for breach included amercements and tumbrel. A 14th century statute labelled forestallers as "oppressors of the poor and the community at large and enemies of the whole country". Under King Edward III the Statute of Labourers of 1349 fixed wages of artificers and workmen and decreed that foodstuffs should be sold at reasonable prices. On top of existing penalties, the statute stated that overcharging merchants must pay the injured party double the sum he received, an idea, replicated in punitive treble damages under US antitrust law.
Under Edward III, the following statutory provision outlawed trade combination.... We have ordained and established, that no merchant or other shall make Confederacy, Coin, Imagin
Antonin Gregory Scalia was an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016. Appointed to the Court by President Ronald Reagan in 1986, Scalia was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing. Scalia was born in New Jersey, he attended Xavier High School in Manhattan and college at Georgetown University in Washington, D. C, he obtained his law degree from Harvard Law School and spent six years in a Cleveland law firm before becoming a law school professor at the University of Virginia. In the early 1970s, he served in the Nixon and Ford administrations as an Assistant Attorney General, he spent most of the Carter years teaching at the University of Chicago, where he became one of the first faculty advisers of the fledgling Federalist Society. In 1982, Ronald Reagan appointed him as judge of the United States Court of Appeals for the District of Columbia Circuit. In 1986, Reagan appointed him to the Supreme Court.
Scalia was unanimously confirmed by the Senate. He served on the Court for nearly thirty years until his death on February 13, 2016. Scalia espoused a conservative jurisprudence and ideology, advocating textualism in statutory interpretation and originalism in constitutional interpretation, he was a strong defender of the powers of the executive branch, believing presidential power should be paramount in many areas. He believed that the Constitution permitted the death penalty and did not guarantee the right to abortion or same-sex marriage, that affirmative action and most other policies that afforded special protected status to minority groups were unconstitutional; these positions earned him a reputation as one of the most conservative justices on the Court. He filed separate opinions in many cases castigating the Court's majority using scathing language. Scalia's most significant opinions include his lone dissent in Morrison v. Olson, his majority opinion in Crawford v. Washington, his majority opinion in District of Columbia v. Heller.
Scalia was posthumously awarded the Presidential Medal of Freedom in 2018. Antonin Scalia was an only child, his father, Salvatore Eugene Scalia, an Italian immigrant from Sommatino, graduated from Rutgers University and was a graduate student at Columbia University and clerk at the time of his son's birth. The elder Scalia would become a professor of Romance languages at Brooklyn College, where he was an adherent to the formalist New Criticism school of literary theory, his mother, Catherine Louise Scalia, was born in Trenton to Italian immigrant parents and worked as an elementary school teacher. In 1939, Scalia and his family moved to the Elmhurst section of Queens, New York, where he attended P. S. 13. After completing eighth grade in public school, he obtained an academic scholarship to Xavier High School, a Jesuit military school in Manhattan, where he graduated first in the class of 1953 and served as valedictorian, he stated that he spent much of his time on schoolwork and admitted, "I was never cool".
While a youth, he was active as a Boy Scout and was part of the Scouts' national honor society, the Order of the Arrow. Classmate and future New York State official William Stern remembered Scalia in his high school days: "This kid was a conservative when he was 17 years old. An archconservative Catholic, he could have been a member of the Curia. He was the top student in the class, he was brilliant, way above everybody else."In 1953, Scalia enrolled at Georgetown University, where he graduated valedictorian and summa cum laude in 1957 with a Bachelor of Arts in history. While in college, he was a champion collegiate debater in Georgetown's Philodemic Society and a critically praised thespian, he took his junior year abroad at the University of Switzerland. Scalia studied law at Harvard Law School, he graduated magna cum laude in 1960. The fellowship enabled him to travel in Europe during 1960 and 1961. Scalia began his legal career at the international law firm Jones, Day and Reavis in Cleveland, where he worked from 1961 to 1967.
He was regarded at the law firm and would most have been made a partner but said he had long intended to teach. He became a professor of law at the University of Virginia in 1967, moving his family to Charlottesville. After four years in Charlottesville, Scalia entered public service in 1971. President Richard Nixon appointed him general counsel for the Office of Telecommunications Policy, where one of his principal assignments was to formulate federal policy for the growth of cable television. From 1972 to 1974, he was chairman of the Administrative Conference of the United States, a small independent agency that sought to improve the functioning of the federal bureaucracy. In mid-1974, Nixon nominated him as Assistant Attorney General for the Office of Legal Counsel. After Nixon's resignation, the nomination was continued by President Gerald Ford, Scalia was confirmed by the Senate on August 22, 1974. In the aftermath of Watergate, the Ford administration was engaged in a number of conflicts with Congress.
Scalia testified before congressional committees, defending Ford administration assertions of executive privilege regarding its refusal to turn over documents. W
John Glover Roberts Jr. is the 17th and current Chief Justice of the United States, serving in this role since 2005. Roberts was born in Buffalo, New York, but grew up in northwest Indiana and was educated in a private school, he attended Harvard College and Harvard Law School, where he was a managing editor of the Harvard Law Review. After being admitted to the bar, he served as a law clerk for Judge Henry Friendly and Associate Justice William Rehnquist before taking a position in the Attorney General's office during the Reagan Administration, he went on to serve the Reagan administration and the George H. W. Bush administration in the Department of Justice and the Office of the White House Counsel, before spending 14 years in private law practice. During this time, he argued 39 cases before the Supreme Court. Notably, he represented 19 states in United States v. Microsoft Corp. In 2003, Roberts was appointed as a judge of the United States Court of Appeals for the District of Columbia Circuit by George W. Bush.
During his two-year tenure on the D. C. Circuit, Roberts authored 49 opinions, eliciting two dissents from other judges, authoring three dissents of his own. In 2005, Roberts was nominated to be an associate justice of the Supreme Court to succeed the retiring Sandra Day O'Connor; when Rehnquist died before Roberts's confirmation hearings began, Bush instead nominated Roberts to fill the chief justice position. Roberts has authored the majority opinion in many landmark cases, including Parents Involved in Community Schools v. Seattle School District No. 1, Shelby County v. Holder, National Federation of Independent Business v. Sebelius, King v. Burwell, he has been described as having a conservative judicial philosophy in his jurisprudence. So, Roberts has shown a willingness to work with the Supreme Court's liberal bloc and since the retirement of Anthony Kennedy in 2018, has come to be regarded as a key swing vote on the Court. John Glover Roberts was born in Buffalo, New York, the son of Rosemary and John Glover "Jack" Roberts Sr..
His father was a plant manager with Bethlehem Steel. His father has Irish and Welsh ancestry and his mother is of Czech descent; when Roberts was in fourth grade, his family moved to Indiana. He grew up with three sisters: Kathy and Berbere. Roberts attended a Roman Catholic grade school in Long Beach. In 1973, he graduated from La Lumiere School, a Roman Catholic boarding school in La Porte, where he was a student and athlete, he studied five years of Latin, some French, was known for his devotion to his studies. He was captain of the football team, was a regional champion in wrestling, he participated in choir and drama, co-edited the school newspaper, served on the athletic council and the executive committee of the student council. After graduating from high school in 1973, Roberts entered Harvard University as a history major. Due to his academic excellence in high school, Roberts entered Harvard with sophomore standing. One of his first papers, "Marxism and Bolshevism: Theory and Practice," won the William Scott Ferguson Prize for most outstanding essay assignment by a sophomore history major.
He graduated in 1976 with membership in Phi Beta Kappa and a B. A. summa cum laude, having written a senior honors thesis entitled "Old and New Liberalism: The British Liberal Party's Approach to the Social Problem, 1906–1914". Roberts planned to pursue a Ph. D. in history and decided to study law instead. He attended Harvard Law School, he graduated in 1979 with a J. D. magna cum laude. After graduating from law school, Roberts clerked for Judge Henry Friendly of the U. S. Court of Appeals for the Second Circuit from 1979 to 1980. From 1980 to 1981, he clerked for Justice William Rehnquist of the U. S. Supreme Court. From 1981 to 1982, he served in the Reagan administration as a special assistant to U. S. Attorney General William French Smith. From 1982 to 1986, Roberts served as associate counsel to the president under White House counsel Fred Fielding. Roberts entered private law practice in Washington, D. C. as an associate at the law firm Hogan & Hartson. As part of Hogan & Hartson's pro bono work, he worked behind the scenes for gay rights advocates, reviewing filings and preparing arguments for the Supreme Court case Romer v. Evans, described in 2005 as "the movement's most important legal victory".
Roberts argued on behalf of the homeless, a case which became one of Roberts' "few appellate losses." Another pro bono matter was a death penalty case in which he represented John Ferguson, convicted of killing eight people in Florida. Roberts left Hogan & Hartson to serve in the George H. W. Bush administration as principal deputy solicitor general, from 1989 to 1993 and as acting solicitor general for the purposes of at least one case when Ken Starr had a conflict. In 1992, George H. W. Bush nominated Roberts to the United States Court of Appeals for the District of Columbia Circuit, but no Senate vote was held, Roberts's nomination expired at the end of the 102nd Congress. Roberts returned to Hogan & Hartson as a partner and became the head of the firm's appellate practice in addition to serving as an adjunct faculty member at the Georgetown University Law Center. During this time, Roberts argued 39 cases before the Supreme Court, he represented 19 states in United States v. Microsoft; those cases include: During the late 1990s, while working for Hogan & Hartson, Roberts served as a member of the steering committee of the Washington
Sherman Antitrust Act of 1890
The Sherman Antitrust Act of 1890 was a United States antitrust law, passed by Congress under the presidency of Benjamin Harrison, which regulates competition among enterprises. The Sherman Act broadly prohibits anticompetitive agreements and unilateral conduct that monopolizes or attempts to monopolize the relevant market; the Act authorizes the Department of Justice to bring suits to enjoin conduct violating the Act, additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages. Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade; the law attempts to prevent the artificial raising of prices by restriction of supply. "Innocent monopoly", or monopoly achieved by merit, is legal, but acts by a monopolist to artificially preserve that status, or nefarious dealings to create a monopoly, are not.
The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve a competitive marketplace to protect consumers from abuses. In Spectrum Sports, Inc. v. McQuillan 506 U. S. 447 the Supreme Court said: According to its authors, it was not intended to impact market gains obtained by honest means, by benefiting the consumers more than the competitors. Senator George Hoar of Massachusetts, another author of the Sherman Act, said the following: At Apex Hosiery Co. v. Leader 310 U. S. 469, 310 U. S. 492-93 and n. 15: At Addyston Pipe and Steel Company v. United States, 85 F.2d 1, affirmed, 175 U. S. 175 U. S. 211. The Sherman Act is divided into three sections. Section 1 delineates and prohibits specific means of anticompetitive conduct, while Section 2 deals with end results that are anti-competitive in nature. Thus, these sections supplement each other in an effort to prevent businesses from violating the spirit of the Act, while technically remaining within the letter of the law.
Section 3 extends the provisions of Section 1 to U. S. territories and the District of Columbia. Section 1: Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Section 2: Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony The Clayton Antitrust Act, passed in 1914, proscribes certain additional activities, discovered to fall outside the scope of the Sherman Antitrust Act. For example, the Clayton Act added certain practices to the list of impermissible activities: price discrimination between different purchasers, if such discrimination tends to create a monopoly exclusive dealing agreements tying arrangements mergers and acquisitions that reduce market competition.
The Robinson–Patman Act of 1936 amended the Clayton Act. The amendment proscribed certain anti-competitive practices in which manufacturers engaged in price discrimination against equally-situated distributors; the federal government began filing cases under the Sherman Antitrust Act in 1890. Some cases were successful and others were not. Notable cases filed under the act include: United States v. Workingmen's Amalgamated Council of New Orleans, the first to hold that the law applied to labor unions. Chesapeake & Ohio Fuel Co. v. United States, in which the trust was dissolved Northern Securities Co. v. United States, which reached the Supreme Court, dissolved the company and set many precedents for interpretation. Hale v. Henkel reached the Supreme Court. Precedent was set for the production of documents by an officer of a company, the self-incrimination of the officer in his or her testimony to the grand jury. Hale was an officer of the American Tobacco Co. Standard Oil Co. of New Jersey v. United States, which broke up the company based on geography, contributed to the Panic of 1910–11.
United States v. American Tobacco Co. which split the company into four. Federal Baseball Club v. National League in which the Supreme Court ruled that Major League Baseball was not interstate commerce and was not subject to the anti-trust law. United States v. National City Lines, related to the General Motors streetcar conspiracy. United States v. AT&T Co., settled in 1982 and resulted in the breakup of the company. United States v. Microsoft Corp. was settled in 2001 without the breakup of the company. Congress claimed power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, federal courts only have jurisdiction to apply the Act to conduct that restrains or affects either interstate commerce or trade within the District of Columbia; this requires that the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. A Section 1 violation has three elements: an agreement.
A Section 2 monopolization violation has two
Clarence Thomas is an American judge and government official who serves as an Associate Justice of the Supreme Court of the United States. He is the most senior associate justice on the Court following the retirement of Anthony Kennedy. Thomas is the second African American to serve on the Court. Among the current members of the Court he is the longest-serving justice, with a tenure of 10,031 days as of April 10, 2019. Thomas grew up in Savannah and was educated at the College of the Holy Cross and at Yale Law School, he was appointed an Assistant Attorney General in Missouri in 1974, subsequently practiced law there in the private sector. In 1979, he became a legislative assistant to Senator John Danforth and in 1981 was appointed Assistant Secretary for Civil Rights at the U. S. Department of Education. In 1982, President Ronald Reagan appointed Thomas Chairman of the Equal Employment Opportunity Commission. In 1990, President George H. W. Bush nominated Thomas for a seat on the United States Court of Appeals for the District of Columbia Circuit.
He served in that role for 16 months, on July 1, 1991, was nominated by Bush to fill Marshall's seat on the United States Supreme Court. Thomas's confirmation hearings were bitter and intensely fought, centering on an accusation that he had sexually harassed attorney Anita Hill, a subordinate at the Department of Education and subsequently at the EEOC. Hill claimed that Thomas had made sexual and romantic overtures to her, despite her rebuffing him and telling him to stop; the U. S. Senate confirmed Thomas by a vote of 52–48. Since joining the court, Thomas has taken a textualist approach, seeking to uphold the original meaning of the United States Constitution and statutes, he is along with fellow justice Neil Gorsuch, an advocate of natural law jurisprudence. Thomas is viewed as the most conservative member of the court. Thomas is known for never speaking during oral arguments. Clarence Thomas was born in 1948 in Pin Point, Georgia, a small, predominantly black community near Savannah founded by freedmen after the American Civil War.
He was the second of three children born to M. C. Thomas, a farm worker, Leola Williams, a domestic worker, they were descendants of American slaves, the family spoke Gullah as a first language. Thomas's earliest known ancestors were slaves named Sandy and Peggy, who were born around the end of the 18th century and owned by wealthy planter Josiah Wilson of Liberty County, Georgia. M. C. left his family. Thomas's mother was sometimes paid only pennies per day, she had difficulty putting food on the table, was forced to rely on charity. After a house fire left them homeless and his younger brother Myers were taken to live with his maternal grandparents in Savannah, Georgia. Thomas was seven when the family moved in with his maternal grandfather, Myers Anderson, Anderson's wife, Christine, in Savannah. Living with his grandparents, Thomas enjoyed amenities such as indoor plumbing and regular meals for the first time in his life, his grandfather, Myers Anderson, had little formal education, but had built a thriving fuel oil business that sold ice.
Thomas calls his grandfather "the greatest man I have known." When Thomas was 10, Anderson started taking the family to help at a farm every day from sunrise to sunset. His grandfather believed in hard self-reliance. Thomas' grandfather impressed upon his grandsons the importance of getting a good education. Raised Catholic, he attended the majority-black St. Pius X high school for two years before transferring to St. John Vianney's Minor Seminary on the Isle of Hope, where he was an honor student and among few black students, he briefly attended Conception Seminary College, a Roman Catholic seminary in Missouri. No-one in Thomas's family had attended college. In a number of interviews, Thomas stated that he left the seminary in the aftermath of the assassination of Martin Luther King, Jr, he had overheard another student say after the shooting, "Good, I hope the son of a bitch died." He did not think. At a nun's suggestion, Thomas attended the College of the Holy Cross in Massachusetts. While there, Thomas helped.
Once, he walked out after an incident in which black students were punished while white students went undisciplined for committing the same violation. Having spoken the Gullah language as a child, Thomas realized in college that he still sounded unpolished despite having been drilled in grammar at school, he chose to major in English literature "to conquer the language." At Holy Cross, he was a member of Alpha Sigma Nu and the Purple Key Society. Thomas graduated from Holy Cross in 1971 with an A. B. cum laude in English literature. Thomas had a series of deferments from the military draft while in college at Holy Cross. Upon graduation, he was classified as 1-A and received a low lottery number, indicating he might be drafted to serve in Vietnam. Thomas failed his medical exam, due to curvature of the spine, was not drafted. Thomas entered Yale Law School, from which he received a Juris Doctor degree in 1974, graduating towards the middle of his class. Thomas has recollected that his Yale Juris Doctor degr