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Author Archives: Steve Semeraro
Exemptions & Immunities
July 5, 2008 – 3:42 pm
Congress and the courts have recognized a number of exemptions and immunities from the antitrust laws. These include: the Noerr-Pennington Doctrine, which exempts lobbying and other forms of petitioning the government from antitrust scrutiny; the Antitrust-State-Action Doctrine, which exempts conduct that is authorized and supervised by governmental officials from antitrust scrutiny; the Labor Exemption, which […]
Price Discrimination
July 5, 2008 – 3:41 pm
The Robinson-Patman Ace prohibits price discrimination in the sale of goods within a supply chain. Price discrimination is defined as selling goods of like grade and quality to different distributors at different prices. The statute prohibiting price discrimination is quite complex and incorporates a number of potential defenses. The price discrimination prohibition does not apply […]
Merger Law
July 5, 2008 – 3:40 pm
The federal antitrust laws prohibit merchants, including a acquisition of assets, that would tend to unreasonably restrain trade. Except in rare cases, a merger will unreasonable restrain trade only when the merging firms compete in the same relevant product and geographic markets and the post-merger firm would have market power, that is the ability to […]
Unlawful Unilateral Conduct
July 5, 2008 – 3:40 pm
Only the largest firms can violate the antitrust laws through unilateral conduct, that is conduct that does not involve an agreement with another firm. To do so, a firm must have monopoly power or a dangerous probability of obtaining it. Courts define this level of power as the ability to raise price or exclude competition from […]
Unlawful Agreements
July 5, 2008 – 3:40 pm
The prohibition of agreements in “restraint of trade” form the core of both federal and state antitrust laws. Understanding the concept of restraint of trade is critical to understanding the antitrust laws. In a sense, any contract between companies restrains trade in the sense that by agreeing to purchase a good or service from one […]
Client List
July 5, 2008 – 3:39 pm
Clients represented by our principal member on antitrust and related matters include: Armstrong World Industries BP PLC Exxon Florida Power & Light Co. ITT Corporation LRN Corp. Montgomery Ward Department Stores PepsiCo San Diego Gas & Electric Co. VistaResearch Warner Lambert
Speaking Engagements
July 5, 2008 – 3:37 pm
Antitrust Challenge to Credit Card Interchange Fees,@ 7th Annual Loyola Antitrust Colluquium, Loyola University of Chicago School of Law, Institute for Consumer Antitrust Studies (April 13, 2007) Indirect Purchaser Antitrust Suits Under State Law,@ Legal Research Network on-line presentation (July 2006) Who Owns the Milestone Home Run Baseball,@ presented at the Thomas Jefferson […]
Publications
July 5, 2008 – 3:36 pm
Antitrust and Competition Law Articles “The Economic Benefits of Credit Card Merchant Restraints: A Response to Professor Levitin” (forthcoming Discourse on-line compendium to the UCLA Law Review) “The Reverse-Robin-Hood-Cross-Subsidy Hypothesis: Do Credit Card Systems Effectively Tax the Poor to Reward the Rich?” (forthcoming Stanford Journal of Law, Business & Finance) “The Antitrust of Two-Sided Network […]
Contact
July 3, 2008 – 10:56 pm
Kensington Antitrust Advisors Group 4107 Bedford Drive San Diego, CA 92116 619-446-9257 Contact Us Your Name(required) Email(valid email required) Phone Message cforms contact form by delicious:days