Dividing territories, market division or horizontal territorial allocation is an agreement by two companies to stay out of each other's way and reduce competition in the agreed-upon territories. The process known as geographic market allocation is one of several anti-competitive practices outlawed under United States antitrust laws. The term is generally understood to include dividing customers as well. The competitors who agree to this type of arrangement will often reject business from customers in another's territory. Territorial allocation scheme results in an absence of competition in prices and choice of products for the affected customers.[1] Such agreements can be illegal under antitrust regulation.
For example, in 1984, FMC Corp. and Asahi Chemical agreed to divide territories for the sale of microcrystalline cellulose, and later FMC attempted to eliminate all vestiges of competition by inviting smaller rivals also to collude.[2]
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References
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Statutes and regulations | |
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Supreme Court case law | Sherman Antitrust Act Section 1 case law | |
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Sherman Antitrust Act Section 2 case law | |
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Other Sherman Antitrust Act cases |
- United States v. E. C. Knight Co. (1895)
- United States v. Trans-Missouri Freight Association (1897)
- Addyston Pipe & Steel Co. v. United States (1899)
- Northern Securities Co. v. United States (1904)
- Swift & Co. v. United States (1905)
- Loewe v. Lawlor (1908)
- Dr. Miles Medical Co. v. John D. Park & Sons Co. (1911)
- United States v. Terminal Railroad Association (1912)
- Chicago Board of Trade v. United States (1918)
- United States v. Colgate & Co. (1919)
- Federal Baseball Club v. National League (1922)
- United States v. General Electric Co. (1926)
- Interstate Circuit, Inc. v. United States (1939)
- Ethyl Gasoline Corp. v. United States (1940)
- Fashion Originators' Guild of America v. FTC (1941)
- United States v. Masonite Corp. (1942)
- United States v. Univis Lens Co. (1942)
- Parker v. Brown (1943)
- United States v. South-Eastern Underwriters Ass'n (1944)
- Associated Press v. United States (1945)
- Hartford-Empire Co. v. United States (1945)
- Bigelow v. RKO Radio Pictures, Inc. (1946)
- United States v. Paramount Pictures, Inc. (1948)
- United States v. United States Gypsum Co. (1948–1950)
- Besser Manufacturing Co. v. United States (1951)
- Times-Picayune Publishing Co. v. United States (1953)
- Toolson v. New York Yankees, Inc. (1953)
- United States v. International Boxing Club of New York, Inc. (1955)
- Radovich v. National Football League (1957)
- Klor's, Inc. v. Broadway-Hale Stores, Inc. (1959)
- United States v. Parke, Davis & Co. (1960)
- Haywood v. National Basketball Association (1971)
- Zenith Radio Corp. v. Hazeltine Research, Inc. (1971)
- Flood v. Kuhn (1972)
- Broadcast Music, Inc. v. CBS Inc. (1979)
- California Retail Liquor Dealers Ass'n v. Midcal Aluminum, Inc. (1980)
- American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp. (1982)
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. (1985)
- Eastman Kodak Co. v. Image Technical Services, Inc. (1992)
- Hartford Fire Insurance Co. v. California (1993)
- Illinois Tool Works Inc. v. Independent Ink, Inc. (2006)
- North Carolina State Board of Dental Examiners v. FTC (2015)
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Interstate Commerce Act case law | |
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Clayton Antitrust Act case law | |
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FTC Act case law | |
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Robinson–Patman Act case law | |
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Other federal case law | |
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Ongoing litigation ‡ | |
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Related topics | |
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‡ date of filing |