96-581: Morris Communications , headquartered in Augusta, Georgia , is a privately held media company with diversified holdings that include magazine publishing, outdoor advertising, book publishing and distribution, visitor publications, and online services. Morris Communications is the parent company to Morris Media Network . Morris Media Network consists of city magazines and special interest magazines including travel. Morris brands include Alaska Magazine , American Angler , Skirt! , The Milepost , Western Horseman , and
192-495: A motion to dismiss , plaintiffs, under Bell Atlantic Corp. v. Twombly , must plead facts consistent with FRCP 8(a) sufficient to show that a conspiracy is plausible (and not merely conceivable or possible). This protects defendants from bearing the costs of antitrust "fishing expeditions"; however it deprives plaintiffs of perhaps their only tool to acquire evidence (discovery). Second, courts have employed more sophisticated and principled definitions of markets. Market definition
288-571: A riot involving 500 people, after six black men were killed by police, each found to have been shot in the back. The noted singer and entertainer James Brown was called in to help quell lingering tensions, which he succeeded in doing. In 1993, an area known as Hyde Park in Augusta, Georgia, was investigated by the EPA for contamination. The investigation totaled $ 1.2 million. Air, groundwater, and soil were all believed to be contaminated, and people living in
384-463: A company-wide email to maintain specific editorial positions to make a political point. This has put the organization into question relating to its ethics. Further issues arose with Morris Communications' failure to respond for comment. In 2004, Morris unsuccessfully brought suit against PGA Tour , alleging that PGA Tour violated section 2 of the Sherman Act , codified at 15 U.S.C. § 2, by monopolizing
480-546: A competitive marketplace to protect consumers from abuses. In Spectrum Sports, Inc. v. McQuillan 506 U.S. 447 (1993) the Supreme Court said: The purpose of the [Sherman] Act is not to protect businesses from the working of the market; it is to protect the public from the failure of the market. The law directs itself not against conduct which is competitive, even severely so, but against conduct which unfairly tends to destroy competition itself. According to its authors, it
576-629: A connecting route to Hilton Head Island, South Carolina . Augusta has been mentioned as the east terminus of a proposed expansion of Interstate 14 that would begin in Midland-Odessa, Texas and run through Texas, Louisiana, Mississippi, Alabama, and Georgia with hopes of connecting major military installations along the highway corridor such as Fort Cavazos , Fort Moore , Fort Eisenhower , and Louisiana National Guard Training Center Pineville . Augusta has also been mentioned for another proposed interstate known as Interstate 3 that would go through
672-643: A convention of 7,000 Native American warriors and concluded a peace treaty with them in their territories in northern and western Georgia. During the American Revolutionary War , the Siege of Augusta resulted in the retaking the city from the British by the Americans. Augusta was the second state capital of Georgia from 1785 until 1795 (alternating for a period with Savannah, the first). Augusta developed rapidly as
768-636: A market town as the Black Belt in the Piedmont was developed for cotton cultivation. Invention of the cotton gin made processing of short-staple cotton profitable, and this type of cotton was well-suited to the upland areas. Cotton plantations were worked by slave labor, with hundreds of thousands of slaves shipped from the Upper South to the Deep South in the domestic slave trade . Many of the slaves were brought from
864-452: A more sophisticated market definition that does not permit as manipulative a definition. Section 2 of the Act forbids monopoly. In Section 2 cases, the court has, again on its own initiative, drawn a distinction between coercive and innocent monopoly. The act is not meant to punish businesses that come to dominate their market passively or on their own merit, only those that intentionally dominate
960-677: A navigable waterway for the river and the entry to the Georgia Piedmont area. The Clarks Hill Dam is built on the fall line near Augusta, forming Clarks Hill Lake . Farther downstream, near the border of Columbia County , is the Stevens Creek Dam, which generates hydroelectric power . Even farther downstream is the Augusta Diversion Dam, which marks the beginning of the Augusta Canal and channels Savannah River waters into
1056-440: A state requires conduct analyzed under the rule of reason, a court must carefully distinguish rule of reason analysis for preemption purposes from the analysis for liability purposes. To analyze whether preemption occurs, the court must determine whether the inevitable effects of a statutory restraint unreasonably restrain trade. If they do, preemption is warranted unless the statute passes the appropriate state action tests. But, when
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#17331260504101152-496: A statute is attacked on its face or for its effects. A statute can be condemned on its face only when it mandates, authorizes or places irresistible pressure on private parties to engage in conduct constituting a per se violation of Section 1. If the statute does not mandate conduct violating a per se rule, the conduct is analyzed under the rule of reason, which requires an examination of the conduct's actual effects on competition. If unreasonable anticompetitive effects are created,
1248-524: A sufficient reason for invalidating the ... statute. For if an adverse effect on competition were, in and of itself, enough to render a state statute invalid, the States' power to engage in economic regulation would be effectively destroyed. This indicates that not every anticompetitive effect warrants preemption. In neither Exxon nor New Motor Vehicle did the created effect constitute an antitrust violation. The Rice guideline therefore indicates that only when
1344-641: A threat to them. Hyde Park also has higher rates of certain illnesses (such as cancer, infections, rashes) than the average in America, and the citizens question why that is not considered. Augusta is located along the Georgia/South Carolina border, about 150 mi (240 km) east of Atlanta and 70 mi (110 km) west of Columbia . The city is located at 33°28′12″N 81°58′30″W / 33.47000°N 81.97500°W / 33.47000; -81.97500 (33.4700, −81.9750). According to
1440-594: Is a city on the central eastern border of the U.S. state of Georgia . The city lies directly across the Savannah River from North Augusta, South Carolina at the head of its navigable portion. Augusta, the third most populous city in Georgia (following Atlanta and Columbus ), is situated in the Fall Line region of the state. According to the U.S. Census Bureau , Augusta had a 2020 population of 202,081, not counting
1536-524: Is clarified by examining the three cases cited in Rice to support the statement. In New Motor Vehicle Board v. Orrin W. Fox Co. , automobile manufacturers and retail franchisees contended that the Sherman Act preempted a statute requiring manufacturers to secure the permission of a state board before opening a new dealership if and only if a competing dealer protested. They argued that a conflict existed because
1632-436: Is divided into three sections. Section 1 delineates and prohibits specific means of anticompetitive conduct, while Section 2 deals with end results that are anti-competitive in nature. Thus, these sections supplement each other in an effort to prevent businesses from violating the spirit of the Act, while technically remaining within the letter of the law. Section 3 simply extends the provisions of Section 1 to U.S. territories and
1728-461: Is necessary, in rule of reason cases, for the plaintiff to prove a conspiracy is harmful. It is also necessary for the plaintiff to establish the market relationship between conspirators to prove their conduct is within the per se rule. In early cases, it was easier for plaintiffs to show market relationship, or dominance, by tailoring market definition, even if it ignored fundamental principles of economics. In U.S. v. Grinnell , 384 U.S. 563 (1966),
1824-496: Is served by two passenger airlines, including Delta Connection , which offers service to Atlanta, and American Eagle , which offers service to Charlotte, Dallas-Ft. Worth, and Washington D.C. Sherman Antitrust Act The Sherman Antitrust Act of 1890 (26 Stat. 209 , 15 U.S.C. §§ 1 – 7 ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce and consequently prohibits unfair monopolies . It
1920-698: Is usually scheduled for early November. Augusta is also the host to one of the largest IRONMAN 70.3 competition in North America taking athletes through various cycling routes around Augusta, a running course through Downtown Augusta, and an opening swim on the Savannah River along Augusta's riverfront. Recently, Augusta has been the featured home of the USA Cycling Collegiate Road National Championships which leads cyclists through various routes through Downtown Augusta and Fort Eisenhower. The city has also attracted visitors during
2016-473: Is widely considered to be the most prestigious in the sport of golf around the world. Augusta lies approximately two hours away from downtown Atlanta by car via I-20 . The city is home to Fort Eisenhower , a major U.S. Army base formerly known as Fort Gordon. In 2016, it was announced that the new National Cyber Security Headquarters would be based in Augusta. The area along the river was long inhabited by varying cultures of indigenous peoples , who relied on
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#17331260504102112-493: The 2020 United States census , there were 202,081 people, 66,838 households, and 41,517 families residing in the city. During the 2010 U.S. census , the city's population was 195,844, up from 195,182 at the 2000 United States census . In 2000, the city's racial and ethnic composition was 43.72% non-Hispanic white, 49.96% African American, 0.25% Native American, 1.50% Asian, 0.11% Pacific Islander, 0.18% some other race, 1.48% multiracial, and 2.79% Hispanic or Latino of any race. By
2208-663: The American Civil War , Augusta housed the principal Confederate Powderworks . Augusta's warm climate made it a major resort town of the Eastern United States in the early and mid-20th century. Internationally, Augusta is best known for hosting the Masters golf tournament each spring. The Masters brings over 200,000 visitors from around the world to the Augusta National Golf Club . Membership at Augusta National
2304-480: The Augusta Fire of 1916 , which damaged 25 blocks of the town and many buildings of historical significance. As a major city in the area, Augusta was a center of activities during Reconstruction and after. In the mid-20th century, it was a site of civil rights demonstrations. In 1970, Charles Oatman, a mentally disabled teenager, was killed by his cellmates in an Augusta jail. A protest against his death broke out in
2400-468: The Augusta metropolitan area . In 2020 the metro area had a population of 611,000, making it the second-largest in the state (after Atlanta ) and the ninth most populous urban center in the Deep South . Augusta was established in 1736 and is named in honor of Princess Augusta of Saxe-Gotha (1719–1772), the bride of Frederick, Prince of Wales and the mother of the British monarch George III . During
2496-686: The Clayton Act created exceptions for certain union activities, but the Supreme Court ruled in Duplex Printing Press Co. v. Deering that the actions allowed by the Act were already legal. Congress included provisions in the Norris–La Guardia Act in 1932 to more explicitly exempt organized labor from antitrust enforcement, and the Supreme Court upheld these exemptions in United States v. Hutcheson 312 U.S. 219 . To determine whether
2592-533: The Lowcountry , where their Gullah culture had developed on the large Sea Island cotton and rice plantations. During the American Civil War , Augusta was home to many war industries including powder-works facilities. After the war, Augusta had a booming textile industry leading to the construction of many mills along the Augusta Canal to include Enterprise Mill, Sibley Mill, and King Mill. The city experienced
2688-592: The Nike EYBL Peach Jam Basketball Tournament held in neighboring North Augusta, South Carolina which features some of the top high school basketball players and teams across the United States. Augusta is linked to Atlanta to the west and Columbia, South Carolina , to the east by Interstate 20 (I-20). I-520 ( Bobby Jones Expressway ) extends from I-20 exit 196 through Augusta's western and southern suburban areas, eventually crossing
2784-853: The Pittsburgh Pirates . Later affiliated with the Boston Red Sox and the San Francisco Giants , the GreenJackets are now the Class A affiliate of the Atlanta Braves . The Augusta Lynx were a minor-league professional ice hockey team based in Augusta, Georgia. The Lynx played their home games at the James Brown Arena from 1998 until 2008. The Lynx, who played in the ECHL , had affiliations with
2880-786: The Richmond County Technical Career Magnet School . Private schools in Augusta include Aquinas High School , Episcopal Day School, Saint Mary on the Hill Catholic School, Immaculate Conception School, Hillcrest Baptist Church School, Curtis Baptist High School , Gracewood Baptist First Academy, Alleluia Community School, New Life Christian Academy, Charles Henry Terrell Academy, Heritage Academy, and Westminster Schools of Augusta . Augusta Christian Schools , Augusta First Seventh-day Adventist School, and Augusta Preparatory Day School serve Augusta but are located in neighboring Martinez . The daily newspaper in
2976-659: The Soul City Sirens . Founded in 2008, this league is all-volunteer, and skater owned. Augusta is also home to the former Augusta 706ers, a minor league professional basketball team in the American Basketball Association . The team was founded in 2017 and stopped operations in December 2018 because of a lack of funds. The team played all home games at the James Brown Arena. The city's famous golf course,
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3072-708: The Tampa Bay Lightning of the NHL and the Norfolk Admirals of the AHL. The Augusta RiverHawks were a professional minor league ice hockey team. They played in the Southern Professional Hockey League (SPHL) from 2010 to 2013. They played their home games at the James Brown Arena. The Augusta Stallions were a professional Arena football team founded in 1999. They were one of the 15 original teams to join
3168-609: The U.S. economic recession and a relatively high state unemployment rate, the Augusta community has experienced a decrease in bankruptcy filings and saw a slight decrease in the unemployment rate from late 2009 to March 2011. However, these unemployment numbers were misleading as spring brought lower unemployment rates due to the Masters Golf Tournament. While unemployment fell to a two-year low of 8.3% in April 2011, unemployment rates have since risen to 9.9% as of July 2011. With
3264-536: The United States Census Bureau , the Augusta–Richmond County balance has a total area of 306.5 sq mi (793.8 km ), of which 302.1 sq mi (782.4 km ) is land and 4.3 sq mi (11.1 km ) (1.42%) is water. Augusta is located about halfway up the Savannah River on the fall line , which creates a number of small falls on the river. The city marks the end of
3360-482: The Where series for travelers. Morris Communications is separate from Morris Multimedia , which was founded by Charles H. Morris, a member of the same family that founded Morris Communications. William S. Morris Jr. began working in the media industry in 1929 when he got a job as a bookkeeper at The Augusta Chronicle . He and his wife bought stock in the paper in 1945 and founded Southeastern Newspapers, Inc. They bought
3456-424: The decline of the newspaper industry , Morris Communications cut employee wages in 2009 to prevent further layoffs. In 2010, Morris Publishing Group filed a pre-packaged Chapter 11 bankruptcy reorganization with $ 415 million in debt. On May 18, 2015, Morris announced that it had sold its 36 radio stations to Alpha Media . On October 14, 2015, it was revealed that Morris Communications Company VP of audience sent
3552-627: The 2020 census, its racial and ethnic makeup was 35.52% non-Hispanic white, 55.19% African American, 0.24% Asian, 1.93% Asian, 0.19% Pacific Islander, 0.44% some other race, 3.91% multiracial, and 5.58% Hispanic or Latino of any race. This reflected nationwide trends of greater diversification since the beginning of the 21st century. In 1995, citizens of Augusta and unincorporated parts of Richmond County voted to consolidate their city and county governments. Citizens of Hephzibah and Blythe , also located in Richmond County, voted against joining in
3648-479: The Act preempts a state law , courts will engage in a two-step analysis, as set forth by the Supreme Court in Rice v. Norman Williams Co. The antitrust laws allow coincident state regulation of competition. The Supreme Court enunciated the test for determining when a state statute is in irreconcilable conflict with Section 1 of the Sherman Act in Rice v. Norman Williams Co. Different standards apply depending on whether
3744-413: The Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade. The law attempts to prevent
3840-609: The Augusta Economic Development Authority as of 2013, the top manufacturing employers in the city were: The top public sector employers were: The Augusta GreenJackets minor league baseball club, formerly located at Lake Olmstead Stadium in Augusta, now play at SRP Park along the Savannah River in North Augusta, South Carolina . The team began to play in 1988 as the Augusta Pirates, affiliated with
3936-470: The Augusta National Golf Club, hosts the first major golf tournament of each year, The Masters . This tournament is often regarded as the most prestigious in the sport and is one of the four major championships . The best professional and amateur golfers in the world come to Augusta during the first full week of April every year. The grounds of Augusta National are known for being pristine, and
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4032-555: The Clayton Act. The amendment proscribed certain anti-competitive practices in which manufacturers engaged in price discrimination against equally-situated distributors. The federal government began filing cases under the Sherman Antitrust Act in 1890. Some cases were successful and others were not; many took several years to decide, including appeals. Notable cases filed under the act include: Congress claimed power to pass
4128-497: The District of Columbia. Section 1: Section 2: The Clayton Antitrust Act , passed in 1914, proscribes certain additional activities that had been discovered to fall outside the scope of the Sherman Antitrust Act. The Clayton Antitrust Act added certain practices to the list of impermissible activities: The Clayton Antitrust Act specifically states that unions are exempt from this ruling. The Robinson–Patman Act of 1936 amended
4224-566: The Robinson-Patman and Sherman Acts" should be preempted. In both New Motor Vehicle and Exxon , the Court upheld the statutes and rejected the arguments presented as Merely another way of stating that the ... statute will have an anticompetitive effect. In this sense, there is a conflict between the statute and the central policy of the Sherman Act – 'our charter of economic liberty'. ... Nevertheless, this sort of conflict cannot itself constitute
4320-790: The Savannah River to South Carolina, in which it is known as Palmetto Parkway. U.S. Route 1 (US 1), along with State Route 4 (SR 4), connects Wrens . US 1 also links Augusta with Aiken, South Carolina . US 25 and SR 121 connects Waynesboro with Augusta; across the state line, US 25 and South Carolina Highway 121 (SC 121) links Augusta with Edgefield, South Carolina . US 78 / US 278 / SR 10 , known locally as Gordon Highway , connects Thomson with Augusta. In South Carolina, US 1 and US 78 go through Aiken, South Carolina . US 78 further connects with Charleston, South Carolina . US 278 bypasses Aiken and serves as
4416-499: The Sherman Act through its constitutional authority to regulate interstate commerce . Therefore, federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce. (Congress also has ultimate authority over economic rules within the District of Columbia and US territories under the 17th enumerated power and the Territorial Clause , respectively.) This requires that
4512-442: The Sherman Act was adopted, there were only a few federal statutes imposing penalties for obstructing or misusing interstate transportation. With an expanding commerce, many others have since been enacted safeguarding transportation in interstate commerce as the need was seen, including statutes declaring conspiracies to interfere or actual interference with interstate commerce by violence or threats of violence to be felonies. The law
4608-448: The Sherman Act, 21 Cong.Rec. 2456. It was in this sense of preventing restraints on commercial competition that Congress exercised "all the power it possessed." Atlantic Cleaners & Dyers v. United States, supra, 286 U. S. 435. At Addyston Pipe and Steel Company v. United States , 85 F.2d 1, affirmed , 175 U. S. 175 U.S. 211; At Standard Oil Co. of New Jersey v. United States , 221 U. S. 1 , 221 U. S. 54 -58. The Sherman Act
4704-462: The Sherman Act, the statute "appears firmly anchored to the assumption that the Sherman Act will deter any attempts by the appellants to preserve their ... price level [in one state] by conspiring to raise the prices at which liquor is sold elsewhere in the country". Thus, Seagram indicates that when conduct required by a state statute combines with other conduct that, taken together, constitutes an illegal restraint of trade, liability may be imposed for
4800-454: The States, and the States have no authority to legislate in respect of commerce between the several States or with foreign nations. See also the statement on the floor of the House by Mr. Culberson, in charge of the bill, There is no attempt to exercise any doubtful authority on this subject, but the bill is confined strictly and alone to subjects over which, confessedly, there is no question about
4896-819: The area to showcase new cyber related products as well as discussions on cyber based collaboration efforts between the public and private sectors. Companies that have facilities, headquarters or distribution centers in the Augusta metro area include CareSouth , NutraSweet , T-Mobile , Covidien , Solo Cup Company , Automatic Data Processing , Clearwater Paper , Solvay S.A. , Bridgestone , Teleperformance , Olin Corporation , Sitel , E-Z-GO , Taxslayer , Elanco , KSB Company (Georgia Iron Works), Club Car (Worldwide Headquarters), Halocarbon, MTU Friedrichshafen (subsidiary of Tognum ), Kimberly Clark Corporation , Nutrien (formerly PotashCorp), John Deere , Kellogg's and Delta Air Lines ' baggage call center. According to
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#17331260504104992-540: The area were hoping for government assistance to move away from Hyde Park. Two of five neighborhoods in Hyde Park appeared to have arsenic, chromium, and dioxin, while all five were found to have PCBs and lead. However, residents were told it was not a risk to their health unless they somehow ingested it on a regular basis. At the time the article was written, the citizens still questioned why the EPA and ATSDR (Agency for Toxic Disease Registry) did not consider these chemicals as
5088-458: The artificial raising of prices by restriction of trade or supply. "Innocent monopoly", or monopoly achieved solely by merit, is legal, but acts by a monopolist to artificially preserve that status, or nefarious dealings to create a monopoly, are not. The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve
5184-514: The be IN series from the publishers NBC in London. They then expanded with the takeover of Where in 2004. Another subsidiary, Morris Publications Ltd. UK, was created in 1998, when Cadogan Guides of London was purchased. They acquired London This Week , renaming it the London Planner . Morris Publishing Group (MPG) was formed in 2001 as a wholly owned subsidiary of Morris Communications to handle
5280-411: The bill which was adopted without change, declared: No attempt is made to invade the legislative authority of the several States or even to occupy doubtful grounds. No system of laws can be devised by Congress alone which would effectually protect the people of the United States against the evils and oppression of trusts and monopolies. Congress has no authority to deal, generally, with the subject within
5376-517: The canal. As with the rest of the state, Augusta has a humid subtropical climate ( Köppen Cfa ), with short, mild winters, very hot, humid summers, and a wide diurnal temperature variation throughout much of the year, despite its low elevation and humidity. The monthly daily average temperature ranges from 45.4 °F (7.4 °C) in January to 81.6 °F (27.6 °C) in July; there are 53 nights with
5472-418: The city from Savannah to Knoxville, Tennessee and would only run through two states, Georgia, and Tennessee. Parts of Augusta are served by city transit service Augusta Public Transit (APT), but the main mode of transportation within the city is by car. Augusta is also served by a number of taxi companies. The city has two airports: Augusta Regional Airport and Daniel Field . Augusta Regional Airport
5568-540: The city is The Augusta Chronicle . The television stations serving Augusta and its metropolitan market are: WAGT ( CW Plus and NBC ), WCES ( PBS ), WFXG ( Fox ), WJBF ( ABC and MeTV ) and WRDW ( CBS ). The city's large medical community and patient population is served by the Medical Examiner (www.AugustaRx.com), a twice-monthly newspaper published since 2006. Augusta is a regional center of medicine, biotechnology, and cyber security. Augusta University ,
5664-648: The course was ranked in 2009 as the third best golf course in the world by Golf Magazine . The city also has several disc golf facilities. The Augusta Top Gun Series is a series of tournaments sanctioned by the Professional Disc Golf Association . These tournaments are held at various venues in Augusta, including Pendleton King Park and Lake Olmstead. Also, Augusta hosted the 2006 Professional Disc Golf World Championships. Along with Pendleton King and Lake Olmstead, two courses in North Augusta, SC
5760-400: The effect unreasonably restrains trade, and is therefore a violation, can preemption occur. The third case cited to support the "anticompetitive effect" guideline is Joseph E. Seagram & Sons v. Hostetter , in which the Court rejected a facial Sherman Act preemption challenge to a statute requiring that persons selling liquor to wholesalers affirm that the price charged was no higher than
5856-540: The establishment of the Georgia Cyber Center in Downtown Augusta, the Augusta metro region has become a hub for cyber security based companies looking to locate to the area in part as well to the establishment of the U.S. Army Cyber Command relocating to Fort Eisenhower from Fort Meade. Augusta plays host to TechNet on a yearly basis which brings in various military, government, and private sector leaders to
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#17331260504105952-720: The inaugural 2000 AF2 season. They started off in the American Conference, before switching to the Southeast Division in 2001, and then the Eastern Division in 2002. The team folded in 2002. The Augusta Rugby Football Club (ARFC) is a division 2 men's club competing in the Palmetto Rugby Union, part of the USA Rugby South Conference. Augusta has an all-female flat track roller derby team,
6048-432: The judgment that such cases are not sufficiently common or important to justify the time and expense necessary to identify them". Another important, yet, in the context of Rice , ambiguous guideline regarding preemption by Section 1 is the Court's statement that a "state statute is not preempted by the federal antitrust laws simply because the state scheme might have an anticompetitive effect". The meaning of this statement
6144-493: The legislative power of Congress. And see the statement of Senator Edmunds, chairman of the Senate Judiciary Committee which reported out the bill in the form in which it passed, that in drafting that bill the committee thought that "we would frame a bill that should be clearly within our constitutional power, that we would make its definition out of terms that were well known to the law already, and would leave it to
6240-551: The low reaching the freezing mark, 82 days reaching or exceeding 90 °F (32 °C), and 5.5 days reaching 100 °F (38 °C) annually. Extreme temperatures range from −1 °F (−18 °C) on January 21, 1985 up to 108 °F (42 °C) on August 10, 2007, and August 21, 1983. Snowfall is not nearly as common as in Atlanta, due largely to Augusta's elevation, with downtown Augusta being about 900 ft (270 m) lower than downtown Atlanta. The heaviest recorded snowfall
6336-428: The lowest price at which sales were made anywhere in the United States during the previous month. Since the attack was a facial one, and the state law required no per se violations, no preemption could occur. The Court also rejected the possibility of preemption due to Sherman Act violations stemming from misuse of the statute. The Court stated that rather than imposing "irresistible economic pressure" on sellers to violate
6432-428: The market through misconduct, which generally consists of conspiratorial conduct of the kind forbidden by Section 1 of the Sherman Act, or Section 3 of the Clayton Act. While the Act was aimed at regulating businesses, its prohibition of contracts restricting commerce was applied to the activities of labor unions until the 1930s. This is because unions were characterized as cartels as well (cartels of laborers). In 1914
6528-401: The market to the detriment of purchasers or consumers of goods and services, all of which had come to be regarded as a special form of public injury. For that reason the phrase "restraint of trade," which, as will presently appear, had a well understood meaning in common law, was made the means of defining the activities prohibited. The addition of the words "or commerce among the several States"
6624-574: The markets for (1) the publication of compiled real-time golf scores on the Internet, and (2) the sale, or syndication of those scores. In addition, Morris alleged that PGA Tour further violated section 2 of the Sherman Act by refusing to deal with Morris. The district court granted summary judgment in favor of PGA Tour because it found, inter alia , that PGA Tour had a valid business justification for its actions. Augusta, Georgia Augusta ( / ə ˈ ɡ ʌ s t ə / ə- GUSS -tə )
6720-416: The merger, which took effect January 1, 1996. The unified government consists of a mayor and ten commissioners . Eight commissioners represent single-member districts, while two are elected at-large, each to represent a super district that encompasses half of Augusta-Richmond's population. Law enforcement in Augusta is handled by the Richmond County Sheriff's Office which patrols the main city of Augusta and
6816-545: The newspaper side of the corporation. MPG published twelve daily newspapers , eleven non-daily papers, and numerous free community newspapers in the US. In 2017, the MPG division and its portfolio of newspapers was sold to GateHouse Media for $ 120M. Included in the sale were Augusta Chronicle , Savannah Morning News , Athens Banner-Herald , Florida Times-Union , St. Augustine Record , Lubbock Avalanche-Journal , Amarillo Globe-News , Topeka Capital-Journal , Log Cabin Democrat , Juneau Empire , and Peninsula Clarion . With
6912-606: The plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. A Section 1 violation has three elements: A Section 2 monopolization violation has two elements: Section 2 also bans attempted monopolization, which has the following elements: Violations of the Sherman Act fall (loosely ) into two categories: A modern trend has increased difficulty for antitrust plaintiffs as courts have come to hold plaintiffs to increasing burdens of pleading. Under older Section 1 precedent, it
7008-458: The purchase of Naegele Outdoor Advertising, which they renamed Fairway Outdoor Advertising in 1991 after selling various units to other companies. In 1995, they expanded into Kansas by acquiring Stauffer Communications , which had a portfolio of newspapers and TV and radio stations. They added travel guides starting with the acquisition of Best Read Guide Franchise Corp in 1997, and added Guest Informant in 2001. They acquired The London Guide and
7104-834: The remaining shares of the Chronicle in 1955 and expanded with the purchase of the Augusta Herald . Their son William S. "Billy" Morris III joined the company in 1956. Additional newspapers in Georgia were added in the coming years. Billy was appointed President of the company in 1966, and the name was changed to Morris Communications Corp. in 1970. The company continued to expand, adding interests radio and television as well as newspapers in Alaska, Florida, and Texas. The company purchased Florida Publishing Co., owners of The Florida Times-Union and The St. Augustine Record , on January 1, 1983. The company expanded into outdoor advertising in 1985 with
7200-405: The required conduct violates Section 1 and the statute is in irreconcilable conflict with the Sherman Act. Then statutory arrangement is analyzed to determine whether it qualifies as "state action" and is thereby saved from preemption. Rice sets out guidelines to aid in preemption analysis. Preemption should not occur "simply because in a hypothetical situation a private party's compliance with
7296-403: The restraint without requiring preemption of the state statute. Rice v. Norman Williams Co. supports this misuse limitation on preemption. Rice states that while particular conduct or arrangements by private parties would be subject to per se or rule of reason analysis to determine liability, "[t]here is no basis ... for condemning the statute itself by force of the Sherman Act." Thus, when
7392-416: The river for fish, water and transportation. The site of Augusta was used by Native Americans as a place to cross the Savannah River, because of its location on the fall line . In 1735, two years after James Oglethorpe founded Savannah , he sent a detachment of troops to explore the upper Savannah River. He gave them an order to build a fort at the head of the navigable part of the river. The expedition
7488-678: The state that retain the sheriff in a law enforcement capacity. Public K–12 schools in Augusta are managed by the Richmond County School System , which covers all of Richmond County. The school system contains 36 elementary schools, 10 middle schools, and the following eight high schools: Glenn Hills , Butler , Westside , Hephzibah , T. W. Josey , A.R.C. (Academy of Richmond County) , Lucy Craft Laney , and Cross Creek . There are four magnet schools : C. T. Walker Traditional Magnet School , A. R. Johnson Health Science and Engineering Magnet High School , Davidson Fine Arts , and
7584-676: The state's only public health sciences graduate university, employs over 7,000 people. Along with Piedmont Augusta , the Medical District of Augusta employs over 25,000 people and has an economic impact of over $ 1.8 billion. The city's three largest employers are Augusta University, the Savannah River Site (a Department of Energy nuclear facility) and the U.S. Army Cyber Center of Excellence at Fort Eisenhower , which oversees training for Cyber , Signal Corps , and Electronic Warfare. Despite layoffs from several companies during
7680-498: The statute might cause him to violate the antitrust laws". This language suggests that preemption occurs only if economic analysis determines that the statutory requirements create "an unacceptable and unnecessary risk of anticompetitive effect", and does not occur simply because it is possible to use the statute in an anticompetitive manner. It should not mean that preemption is impossible whenever both procompetitive and anticompetitive results are conceivable. The per se rule "reflects
7776-667: The statute permitted "auto dealers to invoke state power for the purpose of restraining intrabrand competition". In Exxon Corp. v. Governor of Maryland , oil companies challenged a state statute requiring uniform statewide gasoline prices in situations where the Robinson-Patman Act would permit charging different prices. They reasoned that the Robinson-Patman Act is a qualification of our "more basic national policy favoring free competition" and that any state statute altering "the competitive balance that Congress struck between
7872-458: The statutory conduct combines with other practices in a larger conspiracy to restrain trade, or when the statute is used to violate the antitrust laws in a market in which such a use is not compelled by the state statute, the private party might be subjected to antitrust liability without preemption of the statute. The Act was not intended to regulate existing state statutes regulating commerce within state borders. The House committee, in reporting
7968-503: The trial judge, Charles Wyzanski , composed the market only of alarm companies with services in every state, tailoring out any local competitors; the defendant stood alone in this market, but had the court added up the entire national market, it would have had a much smaller share of the national market for alarm services that the court purportedly used. The appellate courts affirmed this finding; however, today, an appellate court would likely find this definition to be flawed. Modern courts use
8064-420: The unconsolidated towns of Blythe and Hephzibah located within the boundaries of Augusta-Richmond County. It is the 116th most populous city in the United States and the 92nd-largest metropolitan area. The process of consolidation between the city of Augusta and Richmond County began with a 1995 referendum in the two jurisdictions. The merger was completed on July 1, 1996. Augusta is the principal city of
8160-475: The unincorporated areas of Hephzibah and Blythe although both of these towns have their own police departments. Prior to consolidation, Augusta had a city police department and the Richmond County sheriff patrolled the unincorporated areas of the county. The consolidation charter deems the sheriff as the chief law enforcement officer of Richmond County. Augusta is one of the few consolidated city-counties in
8256-401: The use of means which made it impossible for other persons to engage in fair competition." At Apex Hosiery Co. v. Leader 310 U.S. 469 , 310 U. S. 492 -93 and n. 15: The legislative history of the Sherman Act, as well as the decisions of this Court interpreting it, show that it was not aimed at policing interstate transportation or movement of goods and property. The legislative history and
8352-436: The voluminous literature which was generated in the course of the enactment and during fifty years of litigation of the Sherman Act give no hint that such was its purpose. They do not suggest that, in general, state laws or law enforcement machinery were inadequate to prevent local obstructions or interferences with interstate transportation, or presented any problem requiring the interposition of federal authority. In 1890, when
8448-444: Was enacted in the era of "trusts" and of "combinations" of businesses and of capital organized and directed to control of the market by suppression of competition in the marketing of goods and services, the monopolistic tendency of which had become a matter of public concern. The goal was to prevent restraints of free competition in business and commercial transactions which tended to restrict production, raise prices, or otherwise control
8544-536: Was in February 1973 with 14.0 inches (36 cm) Freezing rain is also a threat in wintertime. There are 10 historic districts throughout the city of Augusta. The most prominent, Augusta Downtown Historic District, encompasses most of downtown Augusta and its pre- Civil War area. The Augusta Downtown Historic District was listed on the National Register of Historic Places in 2004. Augusta also includes the: At
8640-530: Was led by Noble Jones , who created a settlement as a first line of defense for coastal areas against potential Spanish or French invasion from the interior. Oglethorpe named the town in honor of Princess Augusta , the mother of King George III and the wife of Frederick, Prince of Wales . Oglethorpe visited Augusta in September 1739 on his return to Savannah from a perilous visit to Coweta Town, near present-day Phenix City, Alabama . There, he had met with
8736-603: Was not an additional kind of restraint to be prohibited by the Sherman Act, but was the means used to relate the prohibited restraint of trade to interstate commerce for constitutional purposes, Atlantic Cleaners & Dyers v. United States, 286 U. S. 427, 286 U. S. 434, so that Congress, through its commerce power, might suppress and penalize restraints on the competitive system which involved or affected interstate commerce. Because many forms of restraint upon commercial competition extended across state lines so as to make regulation by state action difficult or impossible, Congress enacted
8832-415: Was not intended to impact market gains obtained by honest means, by benefiting the consumers more than the competitors. Senator George Hoar of Massachusetts , another author of the Sherman Act, said the following: ... [a person] who merely by superior skill and intelligence...got the whole business because nobody could do it as well as he could was not a monopolist...(but was if) it involved something like
8928-449: Was not settled how much evidence was required to show a conspiracy. For example, a conspiracy could be inferred based on parallel conduct, etc. That is, plaintiffs were only required to show that a conspiracy was conceivable. Since the 1970s, however, courts have held plaintiffs to higher standards, giving antitrust defendants an opportunity to resolve cases in their favor before significant discovery under FRCP 12(b)(6). That is, to overcome
9024-487: Was passed by Congress and is named for Senator John Sherman , its principal author. The Sherman Act broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating
9120-724: Was sanctioned by the International Hot Boat Association . The event benefited the Augusta Chapter of the Georgia Special Olympics with over 100 racing teams from 25 states competed annually for $ 140,000 in purse and prizes while trying to beat the course record of 252.94 mph (407.07 km/h). Augusta is the site of the Head of the South Regatta. The youth rowing regatta is held on the Savannah River and
9216-562: Was used for the tournament. 299 disc golfers from around the world attended the event, with Ken Climo winning the tournament and his 12th world championship. Augusta hosted the Augusta Southern Nationals billed as "World's Richest Drag Boat Race" for 30 consecutive years. The event was held on the Savannah River near downtown in July until 2016. The race was part of the Lucas Oil Drag Boat Racing Series and
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