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Antitrust Case Analysis

course legal and Ethical Principles in Health Care (HLT520 -O500)

Grand Canyon University

Introduction

Antitrust laws are highly helpful for protecting the interest of the customers and it also helps for preventing unfair trade practices and policies. Both Federal and state governments are giving more importance to antitrust laws for ensuring the healthy competition among the business groups and for protecting the rights of the customers. We know the fact that, business is not for short term period, the main objective of business is to exist long time in the market and gain maximum profit. When they plan their operations for a long period of time, in order for getting better returns they will manipulate accounts and shows illegal corporate behavior. According to the words of Kirat (2019) while analyzing the performance of more than 500 firms in US, most of the firms are involved in the unethical activities and behavior for improving their market share and income level (Kirat et al 2019). It is the duty of the government authorities to protect the rights of the customers in a productive way. In this research paper we are analyzing three different cases and we also considering the impact of each case on the power brokers and the law. The three antitrust laws cases are;

1. U.S. V. NETBRANDS MEDIA CORP

2. United States v. Peter Levashov

3. United States v Hecker et al

U.S. V. NETBRANDS MEDIA CORP

· Case Open Date: 24/01/2019

· Case Type: Criminal

· Case Violation: Price Fixing – Horizontal

We know the fact that laws restrict the companies to involve in illegal price fixing for their different products and services. While analyzing the case of Netbrands we can understand that the company earned income by charging illegal prices for their promotional products. The company violated Sherman Antitrust Act, 15 U.S.C. § 1 (Chen et al 2016) and the company engaged in different illegal activities for promoting the products. The court verdict was helped for eliminating the imperfect competition and illegal pricing. The company is not allowed to fix different prices for the product in US and elsewhere. The company has to follow the pricing standards and policies and they have to provide genuine information to the customers.

Impact of the Case

While analyzing the case we can understand that the parties was engaged in fixing illegal pricing and the court verdict resulted in eliminating the competition and sale of the products of the company. In a meeting they discussed and agreed to fix and maintain prices for the online sale of customized promotional products in the United States and elsewhere. They also agreed to sell the products at collusive and noncompetitive prices. The defendant and co-conspirators also agreed to accept the payment for customized promotional products at collusive and noncompetitive prices. It is the duty of the healthcare leader to understand the various problems faced by the customers and healthcare leader has to act as agent and mediator for the customers in a productive way. Based on the changes in the market condition the healthcare leaders has to understand the needs and interest of the customers. While analyzing the case we can understand that the company and its partners failed to follow the rules and regulations and they cheated the customers by charging illegal price for the promotional products. As per the criminal law the company and its partners are involved in serious crime and the company spent lots of money for managing the business and other related issues. It is the responsibility of the healthcare leaders to cope with the changes and introduce productive policies and practices for protecting the rights of the customers in a productive way.

They have to carefully analyses the activities of the defendant and co-conspirators. The leaders also have to understand the impact of these activities among the agents, employees and other stakeholders.

United States v. Peter Levashov

· Case Open Date: 20/04/2017

· Case Type: Criminal

· Case Violation: Fraud and related activity in connection with computers

Peter Levashov was charged for creating different online forums and malicious software’s for hacking the personal information and other details. While analsying the case we can understand that Peter used Kelihos botnet for hacking the personal information, passwords and email address. He also created different software’s and other tools for collecting information from different computers. He also distributed malware and it created problems for different computers and people (Trautman et al 2018). From the case we can understand that the defendant tried to create damage for the people in different states. He used the personal and professional information of others for gaining income. They used Kelihos botnet as an effective tool for generating income and they also used the tool for cheating the people in different places.

We know the fact that it is the duty if the government to implement effective policies for protecting the personal information of the people. In this case we can understand that the defendant used different IT tools and methods for sending spam mails and for creating malicious software’s and tools. Thousands of computer users faced different problems due to illegal activity of Peter Levashov. He also hacked the credit card information of different users. Spanish police officer helped FBI for identifying the criminal and they also provided different information about cyber-crimes committed by Peter. Peter Levashov operated the Kelihos botnet and advertised spam and other malware dissemination services via the botnet to others for purchase. He also created online dashboard for controlling and managing the Kelihos botnet.

Impact of the Case

The activity of the Peter created different problems to the people in the country. Peter knowingly cause the transmission of a program, information, code, and command, and, as a result of such conduct, intentionally cause damage, and attempted to cause damage, without authorization, to a protected computer, in violation of Title 18, United States Code, Section 1030(a)(5)(A). Kelihos botnet obtained and verified, and attempted to obtain and verify, credentials, including email addresses, user names and logins, passwords, and other means of identification from infected computers. The healthcare leader needs to understand that any worker or officer of the hospitals charged if they find conversing in the tender to awards certain companies or individuals. As the healthcare leader, one would handle the case with determination. If the workers who worked for the company engaged in the type of conduct, one must take legal actions against them immediately. While analyzing the case we can understand that Peter created different personal and professional problems to the people. Therefore, the healthcare leader has to critically evaluate and analyze the activities of each employee in the organization.

United States v Hecker et al

· Case Open Date: 15/06/2018

· Case Type: Criminal

· Case Violation: Bank Fraud, Stolen Mail and Identity Theft

The Defendants, Amber Rose Hecker, Ronald Travis Hecker, and Richard Kelly Hoglin, charged for obtaining funds to which they were not entitled by using checks stolen from the mail, and stolen identification and bank cards obtained through theft and vehicle break-ins, to forge and falsely alter the stolen checks to deposit them in the accounts associated with the stolen identities and then make cash withdrawals. The defendants did knowingly use, without lawful authority, a means of identification of another person during and in relation to the commission of Bank Fraud, knowing that the means of identification belonged to another actual person, with the unlawful use of another’s identity. The defendants cheated different customers and people and they earned income by using another person identity

Impact of the Case

The defendant and co-conspirators engaged in different illegal activities and it affected personal lives of the people in the country. Defendant and co-conspirators has to maintain a single account system and they have to use this account for managing their personal expenses and other related aspects. They also have to attend different cognitive skills programs and they agreed to provide all the financial information to the prohibition officer. The defendants also agreed to submit all the personal information about his employment and other details. The defendants is also liable to pay the compensation for the affected people and they also agreed to obey the rules and regulations. If the defendants failed to submit the personal information and other details to the officers, may grounds for the revocation of supervision. The leaders have to implement effective system for understanding the fraudulent activities and plans. Illegal activities always create problems to the employees, agents and other stakeholders. It is the duty of the leaders to understand the different problems that affect the functioning of the organization. They also have to collect the feedback from the employees for understanding the effectiveness of different policies and practices.

References

Chen, P. H. (2016). Joinder of Unrelated Infringers as Defendants in Patent Litigation Under the Jurisprudence of the United States District Court for the Eastern District of Texas-A Critical Review. J. Pat. & Trademark Off. Soc'y, 98, 155.

Kirat, T., & Marty, F. (2019). The late emerging consensus among American economists on antitrust laws in the Second New Deal (No. 2019s-12). CIRANO.

Trautman, L. J., & Ormerod, P. (2018). Wannacry, Ransomware, and the Emerging Threat to Corporations. Available at SSRN 3238293.