What is an antitrust exemption?

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The antitrust laws prohibit agreements by two or more that "restrain trade in interstate commerce." Labor unions, by their nature, may engage in such activities when they present demands for better wages, hours and working conditions. When act as representatives of a group of employees and serve as agents for them. So when an agreement between the union and management is concluded, the working must abide under the conditions agreed to. To prevent unions from antitrust liability, a "labor exemption" was created under the Clayton Act of 1914. It has two components. The so-called "statutory" labor exemption allows unions to enter into agreements which may create a monopolistic practice regarding the working conditions of the employees it represents. The "Non-Statutory Labor Exemption" -- the more applicable concept in sports law -- is a judicially-derived expansion of the labor exemption that protects union activity from antitrust scrutiny. It has been the crux of nearly all antitrust actions in professional sports (with the exception of baseball, which had an blanket exemption from antitrust laws until late in 1998). The non-statutory labor exemption is based on the policy that favors collective bargaining and gives it preference over the antitrust laws. Basically, any union-management agreement that was a product of good faith negotiation will receive protection from the antitrust laws. That means that the provisions of the agreement cannot be attacked as collusive or anti-competitive. Say that a salary cap is agreed to by a union and management. In pure antitrust terms, a cap can be a violation of the antitrust law. But since the cap was part of the collective bargaining agreement negotiatedin good faith and agreed-to by the union and management, the cap cannot attacked in court as a violation of antitrust. The statutory and non-statutory exemptions were intended to help unions from the threat of antitrust suits. But in sports, the tables have been turned. In the past, the exemptions have been used by management to enforce agreements that were "forced" on a weaker union (yes, there have been weak unions in sports!). The NFL players union learned this the hard way, when, after a series of cases in the late 1980s and early 1990s, it was ruled that the exemption applied throughout the negotiation process, even after a labor contract expired. This interpretation of the non-statutory exemption was upheld by the U.S. Supreme Court in 1997. During the recent NBA lockout, there was talk of decertifying the union by certain agents representing star players. Without a union, any imposition of a salary cap could likely violate antitrust laws -- and their top players could then have no constraints in negotiating even higher salaries.

http://www.sportslawnews.com/archive/jargon/LJAntiexemption.html
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What are debtor's exemptions?

Every person that files for bankruptcy or has a judgment awarded against them in a lawsuit is entitled to certain property exemptions. Exemptions are determined by the state law where the person resides. For homeowners the most important would be the homestead exemption which can be used to protect ( Full Answer )

What are antitrust laws and how do they protect consumers?

\n. \n Antitrust Laws \n. \nFirst, a definition of "trust" is in order: a trust is when a group of competing businesses decide that competition isn't all it's cracked up to be, frankly, and cooperate with one another instead to set prices and availablity of their products. This is called "coll ( Full Answer )

What is the homestead exemption?

A homestead law (which can also be a provision of the State Constitution) protects homeowners from losing their homes to creditors. Homestead laws vary widely among different states. In Florida and Texas, the homestead laws prevent anyone (except mortgage lenders and taxing authorities) from foreclo ( Full Answer )

What is an exempt and non exempt employee?

Exempt employees are 'exempt' from federal overtime rules and regulations, based on specific qualifications put forth by FLSA rules. (Executives, professionals, etc.) Non-Exempt employees are paid by the hour, and are subject to federal overtime rules (time and a half, for all hours worked over 40 i ( Full Answer )

What are the pros and cons of antitrust enforcement?

If markets functioned perfectly, there wouldn't be any need forregulation. There would be enough buyers and sellers in any marketthat none of them would have market power, there wouldn't be anyexternalities, and everyone would have perfect information, and asa result, everyone's incentives would cau ( Full Answer )

What are Antitrust Laws?

The general purpose of both state and federal antitrust laws been enacted primarily for the purpose of maintaining a competitive and fair market place. The Competition Act is the Canadian law,has the same function The purpose of this Act is to maintain and encourage competition in Canada in ord ( Full Answer )

What was the Sherman Antitrust Act?

The Sherman Act (1890) authorized the federal government to institute proceedings against trusts in order to dissolve them, but Supreme Court rulings prevented federal authorities from using the act for some years. The aim of the "Antitrust Act" was to prevent and to break up large groups of corp ( Full Answer )

What is an exemption?

Answer . An exemption is something that is excluded. In taxes, there are various tax exemptions and types of income that are exempt from tax. There are also certain types of organizations that are exempt from tax.

What is the sherman antitrust act?

Federal legislation passed in 1890 prohibiting "monopolies or attempts to monopolize" and "contracts, combinations, or conspiracies in restraint of trade" in interstate and foreign commerce. The major purpose of the Sherman Antitrust Act was to prohibit monopolies and sustain competition so as to pr ( Full Answer )

What is antitrust?

Antitrust ~ adj .. Opposing or intended to regulate business monopolies, such as trusts or cartels, especially in the interest of promoting competition: antitrust legislation , antitrust laws .

What was the Clayton Antitrust Act?

This was meant to add more specific regulations to the Sherman anti-trust law ('restraint of trade'). This law says specifically what companies cannot do. They cannot: -Lower costs to only some people -Force another business to sell only one company's goods -Buy another company if this mak ( Full Answer )

Four important antitrust laws?

Free trade and competition is allowed between businesses, it bansnasty behavior by any firm trying to dominate the market and itsupervises large corporation acquisitions and mergers.

What is exempt from bankruptcy?

As found on at least 100 other places here...and allowed certain modifications (albeit minor overall) in different states. . Exemptions under Federal law, which may change a little in State applications by the Federal BK Court you file in: Personal and Real Property: . (1) House ( Full Answer )

What did the Sherman Antitrust Act do?

The Sherman Antitrust Act (1890) authorized the federal government to act against companies involved in restraint of trade or monopolistic practices. It was not used until several years later, beginning with President Theodore Roosevelt in 1901. The suits under the act were used to block conglomerat ( Full Answer )

Why are public utilities exempt from antitrust laws?

antitrust laws only apply to businesses. labor unions and most public utilities are not businesses. that's why the post office for example, isn't subject to antitrust laws because technically the post office is not a business. . actually labor unions and public utilities are exempt from antitrust l ( Full Answer )

Four major antitrust laws?

1. sherman Antitrust act 2. Clayton Antitrust Act 3. Federal trade Commision Act 4. Robinson Patman Act

What does exempt mean?

Exempt means to not have to do something that others are requiredto do. It also means to free from a duty or prior obligation.

What are exemptions?

they are amount of money that taxpayers claim for themselves, spouses, and any eligible dependents that will reduce their taxable income. this is for a+ robert was here:p

Why was the sherman antitrust passed?

In the United States, in the late 1800's, there were many monopolies. A monopoly is a business in an industry that other companies can't compete with. The problem with that is that the monopoly can charge whatever price they want for what they make, and when there is no competition there is no need ( Full Answer )

What is the purpose of federal antitrust laws?

They speed up the flow of capital and wages, and preserve competition among business firms. preserving competition among buisness firms good luck on study island lol :-)

What does it mean when you are exempt?

It means for the type of income involved that because of special cirsumstances, you are not taxable on it. Like a Charity is exempt from paying taxes on many types of income that an ordinary company would have to.

What is the SYNAPSE in the movie antitrust?

It's a satellite communications network with the theoretical ability to connect to any video-capable device - cell phones, computers, and televisions are shown, and allow people to place video calls to anyone, anywhere in the world via the satellite network. It can also be used for broadcasts that r ( Full Answer )

Was the Sherman Antitrust Act successful?

Not initially. The 1890 act was not used effectively until the administration of President Theodore Roosevelt, from 1901 to 1909. Roosevelt had studied the actions of US industrialists and became known as the "trust-buster" for his efforts to prevent monopolies from controlling entire areas of the U ( Full Answer )

What is the main purpose of antitrust legislation?

The primary purposes of antitrust legislation are to protect smallbusinesses and protect the competitiveness of U. S. markets. Thelaws are designed to break up monopolies and combinations ofcompanies.

Why are public transits and water systems exempt from antitrust laws?

Because they are a Public Utility providing a vital service and operating "For the Public Good" rather than simply a profit-making venuture. They usually are not profit-making operations and their income and fees must be protected from predatory pricing and competing ventures to ensure that they are ( Full Answer )

Was the Sherman Antitrust act sucsessful?

No because for numerous reasons: . The act didn't specify which trusts were considered illegal whether they were "good" or "bad" combinations . The writing and form of the act has numerous loopholes and vague phrasings that the lawyers from big businesses could exploit and manipulate . Labor and ( Full Answer )

What are debtor exemptions?

Real or personal property that under state (sometimes federal) laws are not subject to seizure by a judgment creditor(s) and/or government agency such as the IRS for repayment of debt(s).

What did the clayton antitrust act ban?

The Clayton Antitrust act banned injunctions against strikers unless the strikers threatened damage that could not be remedied. This act also prohibited corporations from acquiring the stock of another if doing so would create a monopoly; if a company violated the law, it's officers could be prosecu ( Full Answer )

What was the impact of the two antitrust measures?

Wilson declared a strict policy of neutrality, although theU.S. had strong ties with Britain. Wilson's Peace Program was alsoa measure he came up with for foreign policies.

Who is exempt from defamation?

Assuming you mean "who is exempt from liability in a cause of action for defamation", that answer is 'those who are telling the truth in the purportedly-defamatory statement or assertion'. Truth or factuality of the purportedly-defamatory statement or assertion is an affirmative defense to the clai ( Full Answer )

The outcome of The Clayton Antitrust Act?

The Clayton Antitrust Act was passed in 1914 during Wilson's administration. This act was enacted in the US to add further substance to the US antitrust law regime by seeking to prevent anticompetitive practices in their incipiency. The Clayton act specified particular prohibited conduct, the three ( Full Answer )

What are penalties of the Sherman Antitrust Act?

Section 1: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal." . Section 2: "Every person who shall monopolize, or attempt to monopolize, or combine or conspi ( Full Answer )

How do you calculate exemptions?

One exemption on the 1040 tax form for the tax year 2009 and 2010 is 3650. Each additional qualifying exemption on the 1040 tax form you would have an additional 3650. If this is about your exemptions on the W-4 form Employee's Withholding Allowance Certificate Go to the IRS.gov web site and o ( Full Answer )

What is meant by AntiTrust Policy?

The federal government broke up certain businesses and trusts because they were setting up monopolies that prevented fair competition that hurt consumers. For example, Standard Oil was broken up by the federal government because it had too much market share. What standard oil would do is they would ( Full Answer )

How does the FTC regulate antitrust?

(FTC) and the Antitrust Division of the U.S. Department of Justice enforce antitrust laws. The FTC has the power to temporarily stop companies from employing suspected anti-competitive practices

What is an example of a major antitrust law?

Major legislation in this realm includes the Sherman Act of the 1890s, the Clayton Act of 1914, and the Cellar-Kefauver Act of 1950. The Robinson-Patman Act prohibits manufacturers from discriminating against small retailers in favor of large chains.

What is non-exempt?

USUALLY the phrase means job descriptions which are not exempt from the overtime rules of federal wage law, and must be paid according to those laws. In government employment, exempt may mean exempt from civil service protections.

When was the passage of the Clayton antitrust act?

The Clayton Antitrust Act was enacted by the US Congress October 15, 1914. The final version of the law passed the US Senate on October 5, 1914 and later by the House of Representatives October 8.

What is a golf exemption?

Based on performances from other tournaments or the performance of last years tournament you get in the tournament for that year for free or for a discount.

Why were there antitrust issues in anthracite mining?

In 1923 seven large companies owned and controlled an estimated 75 to 80 percent of the mining, transportation, and hauling of anthracite, each of which was controlled by the railroads

What you the Sherman Antitrust act?

I don't believe you meant to phrase your question quite like that but i can tell you that in the mid to late 1800's there were quite a few monopolies (which are companies that own the market of there product). An example of one would be the Vanderbilt's monopoly on railroads. The Sherman Antitrust A ( Full Answer )

What was the antitrust policy?

trusts were another name for monopolies so antitrust policy was were the government intervene to prevent monopolies from forming

What is the intent of antitrust laws?

Antitrust laws are intended to prevent companies from cooperating to prevent competition. The typical way companies do this is by making agreements to fix prices -- that is, they will all charge the same price avoiding price competition between them. They may also agree to collectively lower prices ( Full Answer )

What did the Sherman Antitrust Act limit?

Broadly speaking it limited the formation of agreements, monopolies and other business practices that reduced competition and raised consumer prices. There is a very good wiki article about this, you should read it.

Where can an antitrust attorney be found?

The website Lawyers contains a search function for locating lawyers with given criteria, such as location and specialty. These results are accompanied by client and peer ratings. This website can be used to quickly find and compare local antitrust attorneys.

What are the ratings and certificates for Antitrust - 2001?

Antitrust - 2001 is rated/received certificates of: Argentina:13 Australia:MA (DVD rating) Canada:PG (Alberta/British Columbia/Manitoba/Ontario) Canada:14 (Nova Scotia) Canada:G (Quebec) Finland:K-11 France:U Germany:12 Hong Kong:IIA Iceland:L Malaysia:U Netherlands:16 New ( Full Answer )