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Username: Merlin
Date/Time: Sat, October 21, 2000 at 3:54 AM GMT
Browser: Netscape Communicator V4.08 using Windows 98
Score: 5
Subject: Sherman & Clayton Antitrust Acts & Afilias

Message: 		 

 
                              Sherman Antitrust Act
               
first legislation enacted by the United States Congress (1890) to curb concentrations of power that interfere with trade and reduce economic competition. It was named for U.S. senator John Sherman, who was an expert on the regulation of commerce. One of the act's main provisions outlaws all combinations that restrain trade between states or with foreign nations. This prohibition applies not only to formal cartels but also to any agreement to fix prices, limit industrial output, share markets, or exclude competition. A second key provision makes illegal all attempts to monopolize any part of trade or commerce in the United States. These two provisions, which comprise the heart of the Sherman Act, are enforceable by the Department of Justice through litigation in the federal courts. Firms found in violation of the act can be ordered dissolved by the courts, and injunctions to prohibit illegal practices can be issued. Violations are punishable by fines and imprisonment. Moreover, private parties injured by violations are permitted to sue for triple the amount of damages done them.


http://www.britannica.com/bcom/eb/article/7/0,5716,69067+1+67322,00.html

http://www4.law.cornell.edu/uscode/15/ch1.html

http://www.micheloud.com/FXM/SO/antitrust.htm


                           Clayton Antitrust Act

1914, passed by the U.S. Congress as an amendment to clarify and supplement the Sherman Antitrust Act of 1890. It was drafted by Henry De Lamar Clayton. The act prohibited exclusive sales contracts, local price cutting to freeze out competitors, rebates, interlocking directorates in corporations capitalized at $1 million or more in the same field of business, and intercorporate stock holdings. Labor unions and agricultural cooperatives were excluded from the forbidden combinations in the restraint of trade. The act restricted the use of the injunction against labor, and it legalized peaceful strikes, picketing, and boycotts. It declared that “the labor of a human being is not a commodity or article of commerce.” Organized labor was as heartened by the act as it had been dejected by the doctrine of the Danbury Hatters’ Case, but subsequent judicial construction weakened the act’s labor provisions. The Clayton Antitrust Act was the basis for a great many important and much-publicized suits against large corporations. Later amendments to the act strengthened its provisions against unfair price cutting (1936) and intercorporate stock holdings

            http://www.bartleby.com/65/cl/ClaytonAA.html

Can a case be made against afilias since they are a Cartel led by Network Solutions that could restrain trade,fix prices,share markets and exclude COMPETITION?

What of the exclusion of only ICANN accredited registrars?

The Monopoly would only be wider and deeper.

There are many similarities that I think warrant further investigation.

Any thoughts?


       
     
     
 

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