The coaches argued that the salary cap was a form of wage-fixing that violated Section 1 of the Sherman Act.
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But the FTC has bleak track record in the courts when attempting to push the FTC Act beyond the accepted limits of the Sherman Act.
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That aspect of the ruling deals with Section 2 of the Sherman Act, and could suggest that a structural remedy lies ahead in Microsoft's future.
Some have posited that because Section 5 is broader than the Sherman Act, it gives the FTC a trump card over these unfavorable antitrust decisions.
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And, if so, has he both the evidence and the stomach to file a broad Sherman act antitrust case against the world's most powerful software company?
So even though a group-granted exclusive license to a single manufacturer may be subject to antitrust scrutiny, such a license is not necessarily a violation of the Sherman Act.
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The little bit at the base is the Sherman Act of 1890, a motherhood-and-apple-pie affair that outlaws monopolies and attracted only one dissenting vote in its passage through Congress.
If damages are awarded under other laws, then perhaps the multiplier may not by three (as per the Sherman Act), but there could still be material punitive damages.
Because the NCAA is a trade association governed by its members, its threat to ban a given member is generally subject to antitrust scrutiny under Section 1 of the Sherman Act.
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This explains why, for example, the NFL Network brought a discrimination cases against Comcast a vertically integrated cable operator that owns a national sports network under the Cable Act and not under the Sherman Act.
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The defendants were accused of violating the Sherman Act and Clayton Act antitrust laws by conspiring to eliminate competition for labor, depriving workers of job mobility and hundreds of millions of dollars of compensation.
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On this view there might have been a case for changing the Sherman act, so that a bad standard could be dislodged, but there would have been no case under the present law against Microsoft.
Fact is, we got this Sherman Antitrust Act that says we care about such things.
Its monopoly position is protected by a Congress that mostly shields it from the Sherman Antitrust Act.
More than likely an architectural blueprint for finding that Microsoft did indeed willfully and repeatedly violate the Sherman Antitrust Act.
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He ridiculed the prevailing legal view of the time that the Sherman Antitrust Act protected small merchants against large.
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Depending on your perspective, this gives Google a great competitive advantage, or raises questions about the applicability of the Sherman Antitrust Act.
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Costco has argued that Washington's system flouts the Sherman Antitrust Act.
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For nearly 120 years, the Sherman Antitrust Act has been the main vehicle through which the government and private parties have regulated the so-called anticompetitive behavior of corporate America.
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Regardless of whether they knew it, the conspirators were violating the Sherman Antitrust Act, the federal law that seeks to protect free and vibrant competition in the United States.
Neil Abercrombie, D-Hawaii, Lynn Westmoreland, R-Georgia, and Mike Simpson, R-Idaho, introduced what they called the NCAA Football Championship Equity Resolution, which stated that the BCS was unfair and a violation of the Sherman Antitrust Act.
On the other end of the spectrum, he says, are laws like the Sherman Antitrust Act, which amounted to two handwritten pages when Congress passed it in 1890, laying the foundation for U.S. antitrust law.
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Class actions involving credit reporting laws, debt collection and federal laws like the Sherman Antitrust Act and the Fair Labor Standards Act also can probably proceed, although the rules in this area get a little trickier.
Judge Jackson ruled today that Microsoft violated two sections of the Sherman Antitrust Act, and his ruling dealing with the company maintaining its monopoly through predatory behavior is the strongest part of his verdict, Hayter said.
In the suit, O'Bannon and his supporters argue that athletes are crucial parts of a college-sports machine that is worth billions annually and that barring them from reaping some of those revenues violates the Sherman Antitrust Act by artificially fixing prices.
This modified by the Sherman Silver Purchase Act of 1890.
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None of this would work, Greve notes, unless every state legislature passed its version of the MSA, a collective action that created the equivalent of a gross violation of the federal Sherman Anti-Trust Act.
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