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Article: How MFN clauses used in the health care industry unreasonably restrain trade under the Sherman Act.(most favored nations)
- Article from:
- Journal of Law and Health
- Article date:
- March 22, 2003
- Author:
CopyrightCOPYRIGHT 2003 Cleveland Marshall College of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
I. THE SHERMAN ACT
II. THE BALANCING TEST UNDER THE RULE OF REASON
A. Quadrant I: Pro-competitive Purposes
1. Guard Against Discriminatory Pricing
2. Tool to Secure Volume Discounts
B. Quadrant III: Pro-competitive Effects
1. Lower Prices Overall
2. Guarantee the Same Best Price
C. Quadrant II: Anticompetitive Purposes
1. Creating an Artificial Price Floor
2. Price Certainty
D. Quadrant IV: Anticompetitive Effects
1. Horizontal Price-fixing
2. Unreasonably Restrains Vertical Trade
3. Elimination of Price Discrimination
4. Preempts a Genuine Market ...
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Article: Mirosoft Violates Sherman Act
AP Online;
April 3, 2000 ;
280 words
... ... 04-03-2000 Mirosoft Violates Sherman Act WASHINGTON (AP) -- Microsoft violated Sections 1 and 2 of the Sherman Act in addition to various state antitrust ... Penfield Jackson. Section 1 of the Sherman Act prohibits contracts and combinations ...
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