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How to research antitrust law issues.
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Overview

This research guide is a starting point for research on U.S. antitrust law and issues. It includes both primary and secondary sources. It is not to provide an exhaustive list, but rather an array of useful resources to use when researching Antitrust Law issues.

The resources noted in the guide are available at the Ruth Lilly Law Library.

If the law library owns the title in print, the call number and physical location are provided. Antitrust materials are generally found in the call number range KF 1600 - KF 2940. Print materials are located on the third floor of the law library and in the first floor “Reserves.”

If a resource is an electronic resource, direct access to the resource is linked. Access to Lexis, Westlaw, HeinOnline, and other subscription databases requires a username and password and is limited to current staff, students, and faculty. When possible, a free internet option is provided.

This guide does not cover foreign or international antitrust law.

 

Introduction

Antitrust law is the study of competition. It is the body of law that seeks to assure that players in the marketplace do not take actions that interfere with the functioning of competitive markets. 

Antitrust is primarily federal law and arises under two federal statutes:  Sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C.§§1-2, and §7 of the Clayton Act, 15 U.S.C.§18. The Sherman Antitrust Act and the Clayton Act are supplemented by three additional acts. The Federal Trade Commission Act of 1914 (as amended in 1938 and 1975), 15 U.S.C.§41 et. seq., which created the federal Federal Trade Commission agency, and the Robinson-Patman Act of 1936 (or Anti-Price Discrimination Act) 15 U.S.C.§13 et. seq., which limits the ability of sellers to discriminate against different buyers (i.e., charge different prices for the same goods), and the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C.§18a.

The Department of Justice's Antitrust Division Manual summarizes the main antitrust laws.

Competition Counts: How Consumers Win When Businesses Compete, prepared by the Federal Trade Commission, provides a brief introduction to antitrust law and its role in protecting the consumer.

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Attributions

Christopher L. Sagers, Antitrust: Examples & Explanations (2011).

Herbert Hovenkamp, Federal Antitrust Policy:The Law of Competition and Its Practice  (4th ed. 2011).

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