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Liability and Affirmative Defenses

Learn about the elements of liability for price discrimination and affirmative defenses to that liability.

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In this lesson, we’ll learn about the elements of liability for price discrimination and affirmative defenses to that liability.

I.              Liability and Affirmative Defenses

Generally, the federal antitrust laws are focused on harm to end consumers, not competitors. The Robinson-Patman Act is unique, however, in that its prohibition on price discrimination that injures competition includes a focus on harms to competitors,...

Lessons

1. Welcome to Antitrust
  • Welcome to Antitrust
2. The Origins and Economics of Antitrust Law
3. The Scope of Antitrust Law
  • Interstate Commerce, Overseas Commerce, and Organized Labor
  • State Action
  • First Amendment and Other Immunities
4. Horizontal Restraints
  • Defining the Market
  • Horizontal Agreements
  • Per Se Violations
  • The Rule of Reason
5. Vertical Restraints
  • Vertical Agreements
  • Resale Price Maintenance
  • Vertical Market Allocation
  • Tying Arrangements
  • Exclusive Dealing
6. Monopolization
  • Monopolies and Monopolization
  • Monopolistic Practices
  • Monopolization, Attempted Monopolization, and Conspiracy to Monopolize
7. Price Discrimination
  • Pure Price Discrimination
  • Brokerage Practices and Promotional Allowance Discrimination
  • Liability and Affirmative Defenses
8. Mergers and Antitrust Enforcement
  • Mergers
  • Merger Review
  • Antitrust: Private Rights of Action
  • Antitrust: Public Enforcement
9. Global Competition Law and Patents
  • Global Competition Law
  • Patents
  • Patent Licensing