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However, if the benefits over $5,250 also qualify as a working condition fringe benefit, your employer doesn't have to include them in your wages. A working condition fringe benefit is a benefit that, had you paid for it, would be allowable as a business expense deduction. For more information on working condition fringe benefits, see Working Condition Benefits in chapter 2 of Pub. 15-B, Employer's Tax Guide to Fringe Benefits.
Below is the "Red Textbook" online. Click on the name of the chapter you desire to reveal each of the sections. Click on the section you desire and it will open in a new browser tab. When looking at the textbook pages, do not try to navigate using the buttons at the top of the page, they are not functional for this online format.
This chapter provides an overview of section 2 and its application to single-firm conduct. Part I describes the elements of the primary section 2 offenses--monopolization and attempted monopolization. Part II discusses the purpose of section 2 and the important role it plays in U.S. antitrust enforcement. Part III identifies key enforcement principles that flow from the U.S. experience with section 2.
At its core, section 2 makes it illegal to acquire or maintain monopoly power through improper means. The long-standing requirement for monopolization is both "(1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident."(4)
Section 2's unilateral-conduct provisions apply only to firms that already possess monopoly power or have a dangerous probability of achieving monopoly power. This core requirement's importance as a basic building block of section 2 application to unilateral conduct should not be overlooked. Among other things, this requirement ensures that conduct within the statute's scope poses some realistic threat to the competitive process, and it also provides certainty to firms that lack monopoly power (or any realistic likelihood of attaining it) that they need not constrain their vigorous and creative unilateral-business strategies out of fear of section 2 liability.(34)
Nearly a century ago, in Standard Oil, one of the Supreme Court's first monopolization cases, the Court observed that the Act does not include "any direct prohibition against monopoly in the concrete."(37) The Court thus rejected the United States's assertion that section 2 bars the attainment of monopoly or monopoly power regardless of the means and instead held that without unlawful conduct, mere "size, aggregated capital, power and volume of business are not monopolizing in a legal sense."(38)
Twenty years after Alcoa, and more than fifty years after Standard Oil, the Supreme Court articulated in Grinnell(43) what remains the classic formulation of the section 2 prohibition. Drawing from Alcoa, the Court condemned "the willful acquisition or maintenance of [monopoly] power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident."(44)
A number of panelists stated that section 2 is essential to preserving competition.(50) They noted that the threat of anticompetitive conduct is real, "far from an isolated event" in the words of one.(51) Section 2 enforcement has played a vital role in U.S. antitrust enforcement for a century.(52) From the seminal case against Standard Oil in 1911,(53) through litigation resulting in the break-up of AT&T,(54) to the present-day enforcement in high-technology industries with the Microsoft case,(55) government enforcement of section 2 has benefitted U.S. consumers. Private cases brought under section 2 by injured parties are also important to U.S. businesses and consumers. Equally important, the potential for significant injunctive relief and damages awards provides strong incentives for firms to refrain from engaging in the types of conduct prohibited by the statute.
Importantly, rules that are overinclusive or unclear will sacrifice those benefits not only in markets in which enforcers or courts impose liability erroneously, but in other markets as well. Firms with substantial market power typically attempt to structure their affairs so as to avoid either section 2 liability or even having to litigate a section 2 case because the costs associated with antitrust litigation can be extraordinarily large. These firms must base their business decisions on their understanding of the legal standards governing section 2, determining in advance whether a proposed course of action leaves their business open to antitrust liability or investigation and litigation. If the lines are in the wrong place, or if there is uncertainty about where those lines are, firms will pull their competitive punches unnecessarily, thereby depriving consumers of the benefits of their efforts.(81) The Supreme Court has consistently emphasized the potential dangers of overdeterrence. The Court's concern about overly inclusive or unclear legal standards may well be driven in significant part by the particularly strong chilling effect created by the specter of treble damages and class-action cases.(82) Many hearing panelists reiterated this concern.(83)
76. As commentators note, for example, the Grinnell standard provides little concrete guidance, either to the lower courts or to businesses attempting to conform their conduct to the requirements of section 2, because virtually all conduct--both "good" and "bad"--is undertaken "willfully." See, e.g., Section of Antitrust Law, supra note 2, at 242 ("Courts have not been able to agree, however, on any general standard beyond the highly abstract Grinnell language, which has been criticized as not helpful in deciding concrete cases."); Einer Elhauge, Defining Better Monopolization Standards, 56 Stan. L. Rev. 253, 261 (2003) (noting that the Grinnell standard is difficult to apply because "[i]t seems obvious that often firms willfully acquire or maintain monopoly power precisely through business acumen or developing a superior product" and it is difficult to conceive "of cases where a firm really has a monopoly thrust upon it without the aid of any willful conduct").
The flow of the chapter, linkages between sections, a list of chapter-and cross-chapter boxes, and a content guide for reading according to focus or interest are given in Figure 3.1. Key definitions used in the chapter are collected in the Glossary. Confidence language is used throughout this chapter and likelihood statements (e.g., likely, very likely) are provided when there is high confidence in the assessment.
Understanding the observed impacts and projected risks of climate change is crucial to comprehending how the world is likely to change under global warming of 1.5C above temperatures in the pre-industrial period (with reference to 2C). Section 3.4 explores the new literature and updates the assessment of impacts and projected risks for a large number of natural and human systems. By also exploring adaptation opportunities, where the literature allows, the section prepares the reader for discussions in subsequent chapters about opportunities to tackle both mitigation and adaptation. The section is mostly globally focused because of limited research on regional risks and adaptation options at 1.5C and 2C. For example, the risks of 1.5C and 2C of warming in urban areas, as well as the risks of health outcomes under these two warming scenarios (e.g. climate-related diseases, air quality impacts and mental health problems), were not considered because of a lack of projections of how these risks might change in a 1.5C or 2C warmer world. In addition, the complexity of many interactions of climate change with drivers of poverty, along with a paucity of relevant studies, meant it was not possible to detect and attribute many dimensions of poverty and disadvantage to climate change. Even though there is increasing documentation of climate-related impacts on places where indigenous people live and where subsistence-oriented communities are found, relevant projections of the risks associated with warming of 1.5C and 2C are necessarily limited.
Incomplete data and understanding of these lower-end climate scenarios have increased the need for more data and an improved understanding of the projected risks of warming of 1.5C and 2C for reference. In this section, the available literature on the projected risks, impacts and adaptation options is explored, supported by additional information and background provided in Supplementary Material 3.SM.3.1, 3.SM.3.2, 3.SM.3.4, and 3.SM.3.5. A description of the main assessment methods of this chapter is given in Section 3.2.2.
This section provides an overview on specific aspects of the mitigation pathways considered compatible with 1.5C of global warming. Some of these aspects are also addressed in more detail in Cross-Chapter Boxes 7 and 8 in this chapter.
Most scientific literature specific to global warming of 1.5C is only just emerging. This has led to differences in the amount of information available and gaps across the various sections of this chapter. In general, the number of impact studies that specifically focused on 1.5C lags behind climate-change projections in general, due in part to the dependence of the former on the latter. There are also insufficient studies focusing on regional changes, impacts and consequences at 1.5C and 2C of global warming. 589ccfa754
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