You attend a university in a city that has four colleges. You buy your lunches at your university cafeteria. You think the prices at the cafeteria are high. You recently saw in the news that the food vendors at your university and the other three colleges in the area are being prosecuted by the Department of Justice for the antitrust violation of market division. You wonder what they allegedly did wrong.
What is market division and is it a per se violation of the Sherman Act?
A. Market division means dividing up or allocating territories or customers among competitors. The outcome is that each competitor is freed from competition in its assigned area. It is a per se violation.
B. Market division means dividing up or allocating territories or customers among competitors. It is not a per se violation but is subject to the rule of reason.
C. Market division refers to an agreement by two or more sellers to refuse to deal with a particular person or company. It is a per se violation.
D. Market division refers to agreements among competitors to set a minimum price at which goods will be sold. It is a per se violation.

Respuesta :

These include straightforward agreements between rival businesses or people to split markets, fix pricing, or rig bids. Because these actions violate the Sherman Act "per se," no defense or excuse are permitted.

Is market division a per se violation?

  • The Sherman Act carries potentially harsh consequences. A market distribution among rivals is regarded by federal antitrust law as an antitrust law violation per se.
  • Only when potentially anticompetitive actions outweigh their pro-competitive benefits are they considered prohibited.Price fixing, bid rigging, horizontal customer allocation, and territory allocation agreements are all per se violations of the Sherman Act.
  • A per se violation does not call for further investigation into the practice's actual impact on the market or the motivations of those who engaged in it.
  • Price fixing, bid rigging, and market sharing among competitors (often referred to as "horizontal agreements") are the most frequent violations of the Sherman Act and the ones that are most likely to be criminally prosecuted.

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