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Example research essay topic: U S District Court Goods And Services - 1,866 words

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1. Antitrust Laws between Shell, Inc. and a Gas Station Retailer Case: Mr. Ali has agreed to retail oil from Shell, Inc at a price 4 y less than the Suggested Retail Price (SRP).

He can ask Shell to lower or raise the SRP accordingly so as to stay competitive with the other markets around his area. Shell has refused to either to raise or lower the SRP thereby making him very vulnerable in the competitive market. What antitrust laws are there so that he may receive relief? If the Gas station owner suggested to raise the retail price and Shell agreed to the request, Mr. Ali could make 7 y more profit per gallon of gas while Shell still earned its usual amount.

But if Shell refused with the request but Mr. Ali still went ahead with the task, Shell is entitled to the extra 3 y profit earned by Mr. Ali. The interesting scenario is that Shell is not responsible to take a loss when Mr. Ali reduces the SRP to earn less profit upon Shells refusal. This is what is known as Price Gouging, where the company is trying to rack up profits in any way possible.

Violation of Anti-trust laws between Mr. Ali and Shell, Inc could only arise if there is evidence that Shell is trying to maximize profit at all times even when the Mr. Ali is not doing well in the market. This is in the US Code under Title 15, chapter 1 section 13. a Discrimination in price, service, or facilities of the which reads: It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: Provided, That nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: Provided, however, That the Federal Trade Commission may, after due investigation and hearing to all interested parties, fix and establish quantity limits, and revise the same as it finds necessary, as to particular commodities or classes of commodities, where it finds that available purchasers in greater quantities are so few as to render differentials on account thereof unjustly discriminatory or promotive of monopoly in anyone of commerce; And provided further, That nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned or sales in good faith in discontinuance of business in the goods concerned. When other gas stations go lower on prices but going lower on prices for Mr.

Ali doesnt even profit him extra, then he is jeopardy of running out of business. At the mean time, shell, is still profiting the same amount. If Shell repeatedly refuses to adjust the SRP so as to get in accord with the market, then Mr. Ali is in loss and fully entitled to open up a case with its supplier. Recent events with oil companies, especially after the Hurricane Katrina incident indicate that profit is at the highest priority for these companies. Mr.

Ali should advise the FTC on this situation so that he can be guaranteed fairness under this code. 2. Merger b / n Office Depot and Staples Case: FTC and U. S. District Court reject the proposed merger between Staples and Office Depot using the consumable office supplies through office superstores as the relevant product market. Do you agree with the market definition?

Why or Why not? Would the courts decision been different if the relevant product market had been consumable office supplies? I agree with the market name consumable office products through office superstores because both companies sale the products they make. They do not distribute their products at a whole sale price to retailers.

If the merger had gone through, they would have become a monopoly, with the power of fixing the price of all their products through the elimination of competition. In other words, the implications of this case could reach far beyond the price of paper. Monopoly, by definition, is an organization which engages in unfair and often unethical business practices to dominate an industry and eliminate all competition which might inhibit their profits. In the latter stages of the 19 th and the early stages of the 20 th centuries, the United States passed several crucial acts, most notably the Sherman Antitrust Act and the Clayton Antitrust Act, which made it illegal to own a monopoly in the United States. This merger would have definitely been a monopoly. The two retailers would have eliminated complete competition being a conglomerate and would have induced all customers since they have the capacity and the funds to cover every corner of most cities and towns in the United States.

The FTC had been scrutinizing the case for weeks before it handed down its 4 - 1 decision. The commission's willingness to interrogate the specifics of this deal thus might have been taken as a sign that something was different FTC's decision reflected two things: an insistence on differentiating between the mergers of large domestic competitors and those of international players, and a growing unwillingness to accept quick-fix solutions to mergers whose initial conditions are deeply flawed. (Surowieki, 2). Antitrust legislation highlights a paradox practiced in the United States, which claims that a system built on the premise that competition brings about efficiency but nevertheless ends up encouraging the development of monopolistic situations. One of the arguments that Staples and Office Depot used in defense of the merger was that as one company, they would be able "to take advantage of enormous cost reductions and efficiencies in buying, distribution, operations, and marketing, " which in turn would mean significant savings for customers. But in a situation in which efficiencies of scale were surely already in operation, it was decidedly unclear whether the cost benefits of the merger would offset the lack of price pressure that would result from an elimination of one of the industry's three major players. (Surowieki, 2) Staples and Office Depot insisted that the merger would not mean higher prices for consumers. But there was an interesting bit of anecdotal information offered up during the case that suggested the opposite.

This was a study done by Ralph Nader's Consumer Project on Technology of the price of fax paper at 88 superstores across the country. In those cities where there were both a Staples and an Office Depot, the price of the paper was significantly lower. Hence if these companies were simply providers of consumable office supplies to major retail stores, the market name under which they operate would be named consumable office supplies. The merger would have another outlook by the FTC and the U. S District court because competition will not be necessarily compromised.

This case surely underlines that Antitrust laws have come to represent a real anomaly in the American economy, since it survives as a vestige of a time when the decisions of the market were not seen as above scrutiny. 3. Free Trade leads to unacceptable inequalities This issue has gained popularity over the years, especially after the creation of NAFTA. In previous years, free trade was viewed as the door to better business in the global context. Nowadays, disadvantages have proved otherwise.

Free trade is trade without protectionist barriers between countries, such as tariffs and non-tariff barriers, quotas and regulations. Freer trade and technological change offer the same advantage, which is singularly to increase the range of choices open to the consumers. Furthermore, it has become increasingly accepted that the greatest advantage of free trade rests with the consumer, who can buy goods and services at a more competitive price, whether they are produced at home or abroad. However, although there is much to gain from free trade, both for industrialized countries and those with economies in transition, the advantages and opportunities from an organized trading system in its present operational form, is far from equitable and fair It is particularly disadvantageous for countries that are developing infant industries to enter into free trade arrangements that could potentially weaken their comparative and competitive advantage from these nascent industries. In this respect, when an economy wants to start up a particular industry such as steel making or car manufacturing it would be well advised to keep a more protectionist environment to nurture its industrial development. As the early stages of industrial development are relatively uncompetitive, an unprotected domestic market could be flooded with goods from foreign competitors.

High barriers to entry can protect an industry during its early period of growth from imports from its competitors, to build its economies of scales and become strong enough to compete in the international market place. It is only at this stage of industrial development that a more liberal trading regime can be adopted. Many economists argue that free trade rather than protectionism is the way to create jobs and prosperity. Their arguments rest on the assumption that inefficient industries that are heavily subsidized and protected lack the incentive to develop and enhance their competitiveness.

As they have no incentive to become efficient and produce goods that consumers want to buy at the keenest prices. Such industries are unlikely ever to develop into strong industries capable of conquering export markets. Freer trade, on the other hand, forces firms to become efficient and competitive or else they go bankrupt. If an industry can succeed in its domestic market against foreign imports, then it has a good chance of being a successful exporter.

Thus, on this premise, competition brought about by free trade produces efficient industries and leads to employment generation and industrial growth. Free trade encourages countries to specialize in the goods in which they have comparative advantage. Yet specialization in one or two products can be dangerous in the modern world as the demand for goods and services is always changing and if a country relies on just one or two goods it risks a huge fall in its income, if demand for these goods decrease. Protectionism allows a country to keep a wider range of industries alive and so prevents the dangers of over-specialization. Another reason against free trade is dumping; this is when one country sells goods in another country below their cost of production. For example, a foreign country may produce jeans at $ 8 a pair, and sell them at $ 6 a pair, bearing the loss in order to get a foothold in the foreign market; it is trying...


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