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Antitrust Case 10.docx
Summary 1518 Words
Running head: ANTITRUST CASE ANALYSIS
Ant it rust Case Analysis
course legal and Et hical Principles in Healt h Care (HLT520 -O500)
Grand Canyon Universit y
Int roduct ion
Ant it rust laws are highly helpful for prot ect ing t he int erest of t he cust omers and it
also helps for prevent ing unfair t rade pract ices and policies. Bot h Federal and st at e
government s are giving more import ance t o ant it rust laws for ensuring t he healt hy
compet it ion among t he business groups and for prot ect ing t he right s of t he
cust omers. We know t he fact t hat , business is not for short t erm period, t he main
object ive of business is t o exist long t ime in t he market and gain maximum profit .
When t hey plan t heir operat ions for a long period of t ime, in order for get t ing bet t er
ret urns t hey will manipulat e account s and shows illegal corporat e behavior. According
t o t he words of Kirat (2019) while analyzing t he performance of more t han 500 firms in
US, most of t he firms are involved in t he unet hical act ivit ies and behavior for
improving t heir market share and income level (Kirat et al 2019). It is t he dut y of t he
government aut horit ies t o prot ect t he right s of t he cust omers in a product ive way. In
t his research paper we are analyzing t hree different cases and we also considering
t he impact of each case on t he power brokers and t he law. The t hree ant it rust laws
cases are;
1. U.S. V. NETBRANDS MEDIA CORP
2. Unit ed St at es v. Pet er Levashov
3. Unit ed St at es v Hecker et al
U.S. V. NETBRANDS MEDIA CORP
· Case Open Dat e: 24/01/2019
· Case Type: Criminal
· Case Violat ion: Price Fixing – Horizont al
We know t he fact t hat laws rest rict t he companies t o involve in illegal price fixing for
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t heir different product s and services. While analyzing t he case of Net brands we can
underst and t hat t he company earned income by charging illegal prices for t heir
promot ional product s. The company violat ed Sherman Ant it rust Act , 15 U.S.C. § 1
(Chen et al 2016) and t he company engaged in different illegal act ivit ies for promot ing
t he product s. The court verdict was helped for eliminat ing t he imperfect compet it ion
and illegal pricing. The company is not allowed t o fix different prices for t he product in
US and elsewhere. The company has t o follow t he pricing st andards and policies and
t hey have t o provide genuine informat ion t o t he cust omers.
Impact of t he Case
While analyzing t he case we can underst and t hat t he part ies was engaged in fixing
illegal pricing and t he court verdict result ed in eliminat ing t he compet it ion and sale of
t he product s of t he company. In a meet ing t hey discussed and agreed t o fix and
maint ain prices for t he online sale of cust omized promot ional product s in t he Unit ed
St at es and elsewhere. They also agreed t o sell t he product s at collusive and
noncompet it ive prices. The defendant and co-conspirat ors also agreed t o accept t he
payment for cust omized promot ional product s at collusive and noncompet it ive
prices. It is t he dut y of t he healt hcare leader t o underst and t he various problems
faced by t he cust omers and healt hcare leader has t o act as agent and mediat or for
t he cust omers in a product ive way. Based on t he changes in t he market condit ion t he
healt hcare leaders has t o underst and t he needs and int erest of t he cust omers. While
analyzing t he case we can underst and t hat t he company and it s part ners failed t o
follow t he rules and regulat ions and t hey cheat ed t he cust omers by charging illegal
price for t he promot ional product s. As per t he criminal law t he company and it s
part ners are involved in serious crime and t he company spent lot s of money for
managing t he business and ot her relat ed issues. It is t he responsibilit y of t he
healt hcare leaders t o cope wit h t he changes and int roduce product ive policies and
pract ices for prot ect ing t he right s of t he cust omers in a product ive way.
They have t o carefully analyses t he act ivit ies of t he defendant and co-conspirat ors.
The leaders also have t o underst and t he impact of t hese act ivit ies among t he
agent s, employees and ot her st akeholders.
Unit ed St at es v. Pet er Levashov
· Case Open Dat e: 20/04/2017
· Case Type: Criminal
· Case Violat ion: Fraud and relat ed act ivit y in connect ion wit h comput ers
Pet er Levashov was charged for creat ing different online forums and malicious
soft ware’s for hacking t he personal informat ion and ot her det ails. While analsying t he
case we can underst and t hat Pet er used Kelihos bot net for hacking t he personal
informat ion, passwords and email address. He also creat ed different soft ware’s and
ot her t ools for collect ing informat ion from different comput ers. He also dist ribut ed
malware and it creat ed problems for different comput ers and people (Traut man et al
2018). From t he case we can underst and t hat t he defendant t ried t o creat e damage
for t he people in different st at es. He used t he personal and professional informat ion
of ot hers for gaining income. They used Kelihos bot net as an effect ive t ool for
generat ing income and t hey also used t he t ool for cheat ing t he people in different
places.
We know t he fact t hat it is t he dut y if t he government t o implement effect ive
policies for prot ect ing t he personal informat ion of t he people. In t his case we can
underst and t hat t he defendant used different IT t ools and met hods for sending spam
mails and for creat ing malicious soft ware’s and t ools. Thousands of comput er users
faced different problems due t o illegal act ivit y of Pet er Levashov. He also hacked t he
credit card informat ion of different users. Spanish police officer helped FBI for
ident ifying t he criminal and t hey also provided different informat ion about cyber-
crimes commit t ed by Pet er. Pet er Levashov operat ed t he Kelihos bot net and
advert ised spam and ot her malware disseminat ion services via t he bot net t o ot hers
for purchase. He also creat ed online dashboard for cont rolling and managing t he
Kelihos bot net .
Impact of t he Case
The act ivit y of t he Pet er creat ed different problems t o t he people in t he count ry.
Pet er knowingly cause t he t ransmission of a program, informat ion, code, and
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command, and, as a result of such conduct , int ent ionally cause damage, and
at t empt ed t o cause damage, wit hout aut horizat ion, t o a prot ect ed comput er, in
violat ion of Tit le 18, Unit ed St at es Code, Sect ion 1030(a)(5)(A). Kelihos bot net
obt ained and verified, and at t empt ed t o obt ain and verify, credent ials, including email
addresses, user names and logins, passwords, and ot her means of ident ificat ion from
infect ed comput ers. The healt hcare leader needs t o underst and t hat any worker or
officer of t he hospit als charged if t hey find conversing in t he t ender t o awards cert ain
companies or individuals. As t he healt hcare leader, one would handle t he case wit h
det erminat ion. If t he workers who worked for t he company engaged in t he t ype of
conduct , one must t ake legal act ions against t hem immediat ely. While analyzing t he
case we can underst and t hat Pet er creat ed different personal and professional
problems t o t he people. Therefore, t he healt hcare leader has t o crit ically evaluat e and
analyze t he act ivit ies of each employee in t he organizat ion.
Unit ed St at es v Hecker et al
· Case Open Dat e: 15/06/2018
· Case Type: Criminal
· Case Violat ion: Bank Fraud, St olen Mail and Ident it y Theft
The Defendant s, Amber Rose Hecker, Ronald Travis Hecker, and Richard Kelly Hoglin,
charged for obt aining funds t o which t hey were not ent it led by using checks st olen
from t he mail, and st olen ident ificat ion and bank cards obt ained t hrough t heft and
vehicle break-ins, t o forge and falsely alt er t he st olen checks t o deposit t hem in t he
account s associat ed wit h t he st olen ident it ies and t hen make cash wit hdrawals. The
defendant s did knowingly use, wit hout lawful aut horit y, a means of ident ificat ion of
anot her person during and in relat ion t o t he commission of Bank Fraud, knowing t hat
t he means of ident ificat ion belonged t o anot her act ual person, wit h t he unlawful use
of anot her’s ident it y. The defendant s cheat ed different cust omers and people and
t hey earned income by using anot her person ident it y
Impact of t he Case
The defendant and co-conspirat ors engaged in different illegal act ivit ies and it
affect ed personal lives of t he people in t he count ry. Defendant and co-conspirat ors
has t o maint ain a single account syst em and t hey have t o use t his account for
managing t heir personal expenses and ot her relat ed aspect s. They also have t o
at t end different cognit ive skills programs and t hey agreed t o provide all t he financial
informat ion t o t he prohibit ion officer. The defendant s also agreed t o submit all t he
personal informat ion about his employment and ot her det ails. The defendant s is also
liable t o pay t he compensat ion for t he affect ed people and t hey also agreed t o obey
t he rules and regulat ions. If t he defendant s failed t o submit t he personal informat ion
and ot her det ails t o t he officers, may grounds for t he revocat ion of supervision. The
leaders have t o implement effect ive syst em for underst anding t he fraudulent
act ivit ies and plans. Illegal act ivit ies always creat e problems t o t he employees,
agent s and ot her st akeholders. It is t he dut y of t he leaders t o underst and t he
different problems t hat affect t he funct ioning of t he organizat ion. They also have t o
collect t he feedback from t he employees for underst anding t he effect iveness of
different policies and pract ices.
References
Chen, P. H. (2016). Joinder of Unrelat ed Infringers as Defendant s in Pat ent Lit igat ion
Under t he Jurisprudence of t he Unit ed St at es Dist rict Court for t he East ern Dist rict of
Texas-A Crit ical Review. J. Pat . & Trademark Off. Soc'y, 98, 155.
Kirat , T., & Mart y, F. (2019). The lat e emerging consensus among American economist s
on ant it rust laws in t he Second New Deal (No. 2019s-12). CIRANO.
Traut man, L. J., & Ormerod, P. (2018). Wannacry, Ransomware, and t he Emerging Threat
t o Corporat ions. Available at SSRN 3238293.
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