Antitrust
When approaching an Antitrust exam, focus on identifying the relevant legal standards and frameworks that govern antitrust issues, such as the Sherman Act and Clayton Act. Analyze fact patterns meticulously to apply these standards to the specific circumstances presented in the exam.
The Sherman Act prohibits contracts, combinations, or conspiracies in restraint of trade.
The Clayton Act addresses specific practices, such as price discrimination and mergers.
Agreements that fix prices are per se illegal.
Rule of reason allows for a more thorough examination of the reasonableness of an agreement.
Monopolization requires possession of monopoly power and exclusionary conduct.
Attempted monopolization requires a specific intent and dangerous probability of success.
Section 7 prohibits mergers that lessen competition or create a monopoly.
Section 2 prohibits price discrimination that harms competition.
Private parties can seek treble damages for violations.
The government can seek injunctive relief to prevent ongoing violations.
Certain agreements may be exempt if they promote competition.
The state action doctrine allows states to engage in anti-competitive conduct under certain circumstances.
Antitrust laws can apply to foreign entities if their conduct has a substantial effect on U.S. commerce.
IP licenses can raise unique competition concerns.
Emerging issues in antitrust are often informed by technology's impact on traditional markets.
Changes in policy can shift enforcement priorities.
Structuring your answers should involve a clear identification of the legal issues present, followed by an application of relevant rules to the facts. Conclude with an analysis that forecasts potential outcomes based on your application.
Allocate time wisely, spending roughly 30 minutes per essay question, allowing for review and adjustment in your final moments. Keep an eye on the clock to ensure all sections are covered.