In
competition law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
, a group boycott is a type of
secondary boycott
Secondary may refer to: Science and nature
* Secondary emission, of particles
** Secondary electrons, electrons generated as ionization products
* The secondary winding, or the electrical or electronic circuit connected to the secondary winding ...
in which two or more
competitors in a
relevant market refuse to conduct business with a firm unless the firm agrees to cease doing business with an actual or potential competitor of the firms conducting the boycott. It is a form of
refusal to deal, and can be a method of shutting a competitor out of a market, or preventing entry of a new firm into a market.
In the United States, such conduct can be held to violate the
Sherman Antitrust Act. Depending upon the nature of the boycott, the courts may apply the
rule of reason
The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law. While some actions like price-fixing are considered illegal ''per se', ''other actions, such as poss ...
, a quick look analysis, or hold that the boycott is
illegal ''per se''. There is a presumption in favor of a rule of reason standard.
It may also be considered a form of
civil conspiracy
A civil conspiracy is a form of conspiracy involving an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective. .
See also
*
Freedom of association
*
Refusal to deal
*
Primary boycott
A boycott is an act of nonviolent, voluntary abstention from a product, person, organization, or country as an expression of protest. It is usually for moral, social, political, or environmental reasons. The purpose of a boycott is to inflict som ...
*
Secondary boycott
Secondary may refer to: Science and nature
* Secondary emission, of particles
** Secondary electrons, electrons generated as ionization products
* The secondary winding, or the electrical or electronic circuit connected to the secondary winding ...
References
Anti-competitive practices
Competition law
Boycotts
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