美国反托拉斯法5.ppt

American Antitrust Law 美国反托拉斯法 March,2009 Questions for United States v.Griffith 1.Precisely what did Griffith do to violate Section 2? 2.Did the Challenged behaviour achieve, maintain, or enhance Griffith’s power in those towns in which it had a monopoly? In other towns? 3. The court said that monopoly power violated section 2 when coupled with the purpose or intent to exercise that power. What does the quoted phrase mean? Does a monopolist necessarily have a purpose or intent to exercise its power when, for example, it determines its prices. More Questions for Griffith 1.In the short run, could Griffith have increased the profits it might have made negotiating for the monopoly towns and competitive towns separately by combining them? If so, how? 2. Why would each distributor agree to contracts in the competitive towns that increased the likelihood that it would have to bargain with monopolies in such towns in the future? 3.How can Griffith avoid liability in the future? What remedy could the district court impose to avoid the problem the Court cited? Legal Humor An attorney phoned the governor just after midnight, insisting that he speak to him regarding a matter of the utmost urgency. After much convincing, an aide reluctantly agreed to wake the governor.What is it? the governor screamed into the phone.?Well, Governor, said the attorney, Judge Murphy just died and I want to take his place.Without hesitation, the governor replied, Its alright with me if its alright with the undertaker. * *