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The Federal Trade Commission was responsible for seeing that antitrust laws were enforced and that small businesses were protected.
right! With regard to multi-firm conduct, the Sherman Act addresses this by prohibiting "[e]very contract, combination in the form of trust or otherwise, or conspiracy, [ in restraint of trade or commerce."[5] Conduct falls within the scope of this prohibition only if some form of agreement or concerted action can be proven. In considering multi-firm conduct, another distinction is also
fundamental: the distinction between conduct that is deemed anticompetitive per se and conduct that may be found to be anticompetitive after a reasoned analysis. There does not appear to be a precedent for per se condemnation of single-firm conduct. Monopoly power alone, without some act of wrongful exclusion or other legally cognizable anticompetitive conduct, is not prohibited. To the contrary, as the judge Learned Hand noted, "[t]he successful competitor, having been urged to compete, must not be turned on when he wins."[6] U.S. ] ]
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