Per Se
Rule of Reason
Explanation/Exception
Cases
Horizontal Price Fixing
X
Firms competing with another with the same product and market agree to fix prices.
Craft Case
Trenton Potteries
BMI
NCAA
Vertical Min. Price Fixing
X
Manufacturers tells its customers (retailers etc.) that products can’t be sold under a certain price (price floor)
Leegin
Vertical Max. Price Fixing
X
Manufacturers tells its customers an item can’t be sold over a certain price (Price ceiling).
Horizontal Exchange of Information
X
The trading or sharing of information between companies that are competitors of one another
Gypsum company
Conspiracy to Restrain Information
X
The ability of a group to keep certain information away from others that is not price oriented.
Indiana dentists
Horizontal Market Division
X
When a marketplace is divided among competitors in a local system that creates a monopoly (likely geographic)
Suntar Roofing
Hookers
Vertical Market Constraints
X
When the manufacturer of a product tells its customers where it can sell the product or who it can sell to
Horizontal Group Boycotts
X
A group conspires to harm another business or to not deal with other competitors to discipline for future actions.
Price Discrimination
X
Unlawful discrimination by selling a similar good to different customers at a different price to likely gain a monopoly.
Utah Pie Co.
*Tie In sale/Tying Arrangement
X**
Where the sale of one product is predetermined that another product must also be purchased as well.
Per se with a twist. Really, Rule of Reason.
IBM Case
Guidelines
*Exclusive Dealing Contracts
X
An agreement in place in which the seller of product tells the buyer they can buy the seller’s competitor’s product.
*Vertical Boycotts
X
Mergers
X
When businesses, either two or more, decide to come together to create a new business (likely in the same industry).
*Exclusionary Practices
1. Federal