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2018 SeminarsAntitrust and Unfair CompetitionAutomotiveEnergy/FuelFood & BeverageIndustryManufacturingSeminarsTraining Modules

The Antitrust Complexities of Dual Distribution

I. An Antitrust Refresher

A. Section 1 of the Sherman Act

1. Prohibits contracts, combinations, and conspiracies that unreasonably restrain trade

B. Section 5 of the FTC Act

1. Prohibits “unfair trade practices” which is not a well-defined term, but generally prohibits at least the same conduct as covered by the Sherman Act

C. State laws

1. Be mindful of state laws that target anticompetitive behavior
2. Not always analogous to federal statutes (e.g. RPA; RPM)

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