1. CPCU 530 Commercial Law
The Sherman Act (1890) Ananti-trust Act that makes it illegal for competitors to make
agreements with each other that would limit competition, e.g. price fixing. The Act also makes it illegal
for a business to be a monopoly if that company is cheating or not competing fairly. Corporate
executives sanctions include huge fines& jail time15 U.S.C.A. § 1 et seq.
The Clayton Act (1914)Companies started to merge instead of forming trusts—as a way to
control prices and production. The Clayton Act protects American consumers by preventing mergers or
acquisitions that are likely to stifle competition.15 U.S.C.A. § 12 etseq
The FTC Act (1914)The Federal Trade Commission was created by Congress and given the
power to investigate and stop unfair methods of competition and deceptive practices. The FTC still
enforces antitrust laws, as does the Antitrust Division of the Department of Justice.15 U.S.C.A. §§ 41–
51
United States v. South-Eastern Underwriters Ass'n (1944)The Supreme
Court held that an insurance company that conducted substantial business across state lines was
engaged in interstate commerce and thus was subject to federal antitrust regulations, 322 U.S. 533,
64 S. Ct. 1162, 88 L. Ed. 1440 (1944).
The McCarran-Ferguson Act (1945)The act provides that the "business of insurance,
and every person engaged therein, shall be subject to the laws of the several States which relate to
the regulation or taxation of such business" 15 U.S.C. §§ 1011-1015.
UCC Article 2Governs the law of sale of goods. Sales contract. Goods are property that is
tangible and moveable, other than money
UCC Article 3 Governs negotiable instruments payable to order (designated payee) or to Bearer
(holder of paper)
UCC Article 9Governs secured transactions Sales of Accounts and Chattle paper, like pledges,
Chattle mortgages & conditional sales
Donna M Kesot, CPCU ©2013 Chapter 4