Business Law Monographs, Volume A1--Pricing Practices

A companion to Business Law Monographs, Volume A2, Distribution Practices, this volume discusses legal and illegal corporate pricing practices under the federal antitrust laws.

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ISBN: 9780820524030
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A companion to Business Law Monographs, Volume A2, Distribution Practices, this volume discusses legal and illegal corporate pricing practices under the federal antitrust laws. Included are discussions of vertical and horizontal price fixing, predatory pricing, price discrimination, and the potential for criminal liability.

Business Law Monographs, Pricing Practices, is arranged so as to enable the practitioner to readily locate the various price practices of interest which may give rise to antitrust liability. A corporation's pricing practices can be fraught with antitrust danger. If a firm combines with or coerces others to fix the price of goods and services, the result can be criminal or civil liability based on an illegal price fixing combination. Moreover, while price fixing combinations most often come to mind when pricing liability is considered, a single firm that acts independently can still run afoul of the antitrust laws when its pricing policies result in illegal predatory pricing. Also, a single firm must also be careful in discriminating as to price among its customers, since such discrimination may result in a violation of the Robinson-Patman Act. There are, in addition, many state laws that concern pricing practices, some of which are analogous to federal laws and some of which are not. State law is not within the scope of this monograph.

Designed as a handy reference tool, Business Law Monographs, Pricing Practices, is a valuable source of reference for the antitrust practitioner who is seeking ready answers to specific antitrust problems involving pricing practices.

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Table of Contents

A1 Pricing Practices

Division I TEXT
Chapter A1-1 What Is Price Fixing?
Chapter A1-2 Vertical Price Fixing: Unlawful Arrangements in the Chain of Distribution
Chapter A1-3 Horizontal Price Fixing: Unlawful Arrangements Among Competitors
Chapter A1-4 Predatory Pricing
Chapter A1-5 Unlawful Price Discrimination Under the Robinson-Patman Act
Chapter A1-6 Criminal Liability For Pricing Practices
Chapter A1-7 Pricing and Antitrust Enforcement in the International Arena

Division II FORMS
Form A1-1 Sample Compliance Lecture on Pricing Practices and Robinson-Patman Issues
Form A1-1A Sample Short-Form Statement Regarding Pricing, to Be Inserted in a Corporate Policy Manual
Form A1-1B Sample Certificate of Compliance With Company Antitrust Policy
Form A1-1C Sample Pricing Do's and Don'ts
Form A1-2 Sample Memo to Dealers Urging Participation in a Price-Related Promotion
Form A1-3 Sample Communication to Dealers Regarding Suggested Resale Prices
Form A1-4 Sample Compliance Memo Dealing With Vertical Price Complaints
Form A1-5 Sample Termination of Distributorship Letter (I)
Form A1-6 Sample Termination of Distributorship Letter (II)
Form A1-7 Sample Letter of Termination for Failure to Follow Suggested Prices
Form A1-8 Sample Compliance Memo Dealing With Discussions With Competitors
Form A1-9 Sample Paragraph for Inclusion in Requests for Bids, To Prevent Bid Discussions
Form A1-10 Sample Antitrust Compliance Memo for Credit Managers
Form A1-11 Sample Compliance Memo for Verification of Prices
Form A1-11A Price Verification Form
Form A1-12 Sample Price Verification Letter
Form A1-13 Sample Internal Memo Regarding Meeting Competition
Form A1-14 Sample Verification of a Competitive Offer
Form A1-15 Sample Internal Memo Regarding Competition in the Company's Industry
Form A1-16 Sample Meeting Competition Form
Form A1-17 A Checklist to Determine Whether a Proposed Joint Venture Will Result in Illegal Pricing Fixing or Other Prohibited Conduct
Form A1-18 Sample Price Restrictions in Licensing Agreement

Division III SOURCE MATERIALS
Item A1╸i1 Sherman Act (Sections 1 and 2)
Item A1╸i2 Federal Trade Commission Act (Section 5)
Item A1╸i3 Robinson─Patman Act
Item A1╸i4 U.S. DOJ and FTC Antitrust Enforcement Guidelines for International Enforcement and Cooperation (2017)
Item A1╸i5A U.S. DOJ and FTC Horizontal Merger Guidelines (Issued: August 19, 2010)
Item A1╸i6 U.S. DOJ and FTC Antitrust Guidelines for Collaborations Among Competitors (2000)
Item A1╸i7 U.S. Department of Justice Antitrust Division Business Review Procedure
Item A1╸i8 The Federal Trade Commission's Guides for Advertising Allowances and Other Merchandising Payments and Services
Item A1╸i9 Analysis of the DOJ's 2008 Single-Firm Conduct Report: Promoting Consumer Welfare Through Clearer Standards for Section 2 of the Sherman Act
Item A1╸i10 Measuring the Value of Second-In Cooperation in Corporate Plea Negotiations, Remarks Before ABA Section of Antitrust Law Spring Meeting (Mar. 29, 2006)
Item A1╸i11 Frequently Asked Questions Regarding the Antitrust Division's Leniency Program and Model Leniency Letters (Originally Published November 19, 2008, Updated January 26, 2017)