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Horizontal
Among Competitors
Parts of Horizontal
price fixing
monopolies
mergers
Vertical
Along Supply Chain
Parts of Vertical
Price Discrimination
exclusive deals
mergers on supply chain
Sherman Anti-Trust Act
Section 1: prohibits restraint of trade
Section 2: prohibits monopolization
Sherman Act Section 1
How Sherman Act affects price fixing
Sherman Act Section 2
protects from monopolization
parts of Sherman Act Section 2
Market power (geography and product)
obtained market power through purposeful conduct to exclude competitors
hurts consumers
Clayton Act
section 7 prohibits aquisitions
considers market share and relevant markets
applies to horizontal and vertical mergers
Enumerated powers affect on state vs. federal power
federal government may only legislate in areas specified in the constitution otherwise everything else is left to states
Commerce Clause
congress may regulate any activity that has a substantial economic effect on interstate commerce
First Amendment affect on Marketing (2 parts)
more important speech is protected from gov’t censorship
marketing = commercial speech
Puffery
not deceptive- building up product/service/company
health claims can’t be puffery- need scientific evidence
FTC Act
prohibit unfair business practices
unfair business practices in FTC ACT
bait and switch
unfair pricing
anti-competitive conduct
Influencers(Law of Marketing)
must discolse any material connection with a brand
endorsement
featuring product or service in post, tagging, pinning brands, commenting and reviewing brands
material connection
any personal, family, employment, or financial relationship to the brand including receipt of free or discounted products and services
disclosure
clear language, clear/conspicuos manner
Where can’t disclosure be
Not in the about me section
not buried in # series
4 elements of a negligence claim
breach of care
breach of duty
causation
injury
Parts of “Duty of Care”
Special relationship: duty assumed (teacher/student)
foreseeability: duty to prevent harm you can predict
Parts of Breach
Duty to act as a reasonable person
What do they look at to determine a breach (Negligence)
look at the circumstances
reasonable given your level of education, knowledge, and skills
2 necessities for causation (Negligence)
In fact
proximate
Parts of injury (Negligence)
cannot be fear of injury or speculative
types of intentional torts
Assault and Battery
Defamation
intentional infliction
tortious interference with contract
Intentional infliction of emotional distress
severe emotional distress
extreme and outrageous conduct
libel
written defamation (can be on tv/internet too)
slander
spoken defamation
5 parts to defamtion
statement harmful to reputation
communicated to more than 1 person
false
injury
sometimes malice
compensation (Torts-damages)
lost wages
medical bills
property damages
pain/suffering
punitive(torts-damages)
rare
intended to punish
often reduced by judge after headline
steps of trial
voire dire
opening statements
plaintiff’s case (direct and cross examination)
motion for directed verdict
defendant’s case (direct and cross examination)
closing arguments
jury instructions
verdict
Negotiation
inexpensive
no lawyers required
flexible outcomes
can be futile
confidentiality
mediation
objective party can encourage agreement
flexible outcomes
no binding authority
less expensive and flexible timing
confidentiality
arbitration
“trial sitting down”
flexible timing
more control
confidentiality
can be expensive
binding decision
Mandatory arbitration clauses
enforceable (even in class action cases)
have ethical/policy concerns
4th amendment
protects from search and seizure
warrant required for 4th amendment except in
stop and frisk
plain view
emergencies
automobiles
lawful arrest
consent
Exceptions to warrant requirement- lawful arrest
pat down and search “grab area”
Exceptions to warrant requirement-protective sweep
if arrested in a home
not allowed without warrant
cell phone contents
blood tests
5th amendment
can’t self-incriminate against interrogation
voluntary self-incrimination
over 18
totality of circumstances
white collar definition
financial, non-violent, related to job
white collar defendants
educated, wealthy, valued in society
jurisdiction for white collar
federal court
street crime definition
related to job, violent, can also be financial
defendants in street crime
uneducated, lack of social support network
type of evidence for street crime
more physical evidence
jurisdiction for street crime
state court
Rico
Racketeer Influenced and Corrupt Organizations Act
Enterprise (Rico)
a group of people that are organized with a common purpose and some structure
For Rico does there have to be a pattern?
yes, 2 or more racketeering acts
Racketeering acts
list of underlying crimes
Is rico civil or criminal?
can be both civil and criminal
Money Laundering control act
prohibits knowing and willful participation in a financial transaction designed to conceal or disguise the source of funds
Wire and Mail fraud
obtaining money or property through corrupt intent and use of wire
honest services fraud
a scheme to deprive another of the intangible right to honest services
Foreign corrupt practices act
applies to any corporation that shares on American exchanges or transactions that pass through American banks
Who else does the Foreign Corrupt practices Act apply to
any businesses organized under the laws of the U.S. with its principal place of business being in the U.S.
individuals that are citizens, nationals, or residents of the U.S.
Prove a case (Foreign Corrupt Practices Act)
use of mails or instrumentality of interstate commerce
in furtherance of an offer, promise or payment of anything of value
to any foreign official
for the purpose of influencing any act or decision of the foreign official
