The Anti-Trust Laws: The Sherman Anti-Trust Act (1890), the FTC Act (1914), and the Clayton Act (1914) (22 gen 1880 anni – 22 gen 2000 anni)

Descrizione:

Antitrust laws were designed to protect and promote competition within all sectors of the economy.

The Sherman Act, the Federal Trade Commission Act, and the Clayton Act are the three pivotal laws in the history of antitrust regulation.

Today, the Federal Trade Commission, sometimes in conjunction with the U.S. Department of Justice, is tasked with enforcing federal antitrust laws. It receives authority from the Federal Trade Commission Act of 1914. Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce; (b) seek monetary redress and other relief for conduct injurious to consumers; (c) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices; (d) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and (e) make reports and legislative recommendations to Congress and the public.

Understanding Antitrust
Antitrust laws are the broad group of state and federal laws that are designed to make sure businesses are competing fairly. The “trust” in antitrust refers to a group of businesses that team up or form a monopoly to dictate pricing in a particular market.

The Antitrust Laws
The Antitrust Division enforces federal antitrust and competition laws. These laws prohibit anticompetitive conduct and mergers that deprive American consumers, taxpayers, and workers of the benefits of competition.

The Sherman Antitrust Act
This law prohibits conspiracies that unreasonably restrain trade. Under the Sherman Act, agreements among competitors to fix prices or wages, rig bids, or allocate customers, workers, or markets, are criminal violations. Other agreements such as exclusive contracts that reduce competition may also violate the Sherman Antitrust Act and are subject to civil enforcement.

The Sherman Act also makes it illegal to monopolize, conspire to monopolize, or attempt to monopolize a market for products or services. An unlawful monopoly exists when one firm has market power for a product or service, and it has obtained or maintained that market power, not through competition on the merits, but because the firm has suppressed competition by engaging in anticompetitive conduct. Monopolization offenses may be prosecuted criminally or civilly.

The Clayton Act
This law prohibits mergers or acquisitions whose effect may be to substantially lessen competition. All persons considering a merger or acquisition above a certain size must notify both the Antitrust Division and the Federal Trade Commission that they intend to transact. The Clayton Act also prohibits other business practices that may harm competition such as exclusive contracts, requirements ties that require a customer to buy additional products or services from a seller, or serving as a director for a competitor.

The Act also allows the United States to recover treble damages when it has suffered injuries as a result of a violation.

Related Offenses
The Antitrust Division also enforces other federal laws to fight illegal activities that arise from anticompetitive conduct, which includes offenses that impact the integrity of an antitrust or related investigation. Examples include: conspiracies to defraud the United States, mail and wire fraud, money laundering, kickbacks, false statements to Federal agents, perjury, and obstruction of justice, and bribery, among other crimes.

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