Montana Antitrust Disclosure Compliance Memorandum

State:
Multi-State
Control #:
US-TC0308
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This memornadum addresses two antitrust concerns that should be noted by emerging companies: Avoiding the creation of documents that might invite antitrust problems, and avoiding premerger coordination of commercial activities and uncontrolled exchange of compettitively sensitive information.

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FAQ

Section 2 of the Sherman Act makes it unlawful for any person to "monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations . . . ."

The three major Federal antitrust laws: the Sherman Antitrust Act, the Clayton Act, and the Federal Trade Commission Act.

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.

To establish a violation of Section 1, a plaintiff must prove three elements: (1) the existence of concerted action among at least two distinct actors, (2) that unreasonably restrains trade, and (3) that affects interstate or foreign commerce of the United States.

Google is on trial for allegedly using underhand tactics to ensure it stays the world's leading search engine. The U.S. Justice Department claims Google, which owns a 90% market share in search, paid massive sums to companies like Apple to make it the default search engine on products like the iPhone.

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.

The Justice Department's case hinges on claims that Google illegally orchestrated its business dealings, so that it's the first search engine people see when they turn on their phones and web browsers. The government says Google's goal was to stomp out competition.

: of, relating to, or being legislation against or opposition to trusts or combinations. specifically : consisting of laws to protect trade and commerce from unlawful restraints and monopolies or unfair business practices.

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Montana Antitrust Disclosure Compliance Memorandum