ANTI-TRUST

SHERMAN ACT:

Prohibits illegal price fixing

Prohibits conspiracies to monopolize

concerted action

overt acts in furtherance of the conspiracy

specific intent to monopolize

Prohibits monopolization

defendant has monopoly power in the relevant market, or

there is a dangerous probability of achieving monopoly power

and there is a specific intent to monopolize

 

Broadcast Music, Inc. v. CBS

BMI and ASCAP issue "blanket licenses."

copyright holder>>>ASCAP/BMI>>>licensee (tv/radio station)

licensee>>>report/$>>>ASCAP/BMI>>>copyright holder

CBS claims this is illegal price fixing

Kramer v. The Pollock-Krasner Foundation

Christie's and Southeby's use the Pollack-Krasner Foundation exclusively to authenticate Jackson Pollack's paintings.

Kramer is claiming this connection is a conspiracy to monopolize and is in fact a monopoly.