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.
New York Antitrust Disclosure Compliance Memorandum
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US-TC0308
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BILL NUMBER: S6748 SPONSOR: GIANARIS TITLE OF BILL: An act to amend the general business law, in relation to actions or practices that establish or maintain a monopoly, monopsony or restraint of trade, and in relation to authorizing a class action lawsuit in the state anti-trust law PURPOSE: To specify that any actions ...
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 Donnelly Act is the primary state antitrust law in New York. The Act mirrors federal antitrust law, and prohibits any contract, agreement, arrangement, or combination that creates or maintains a monopoly or retrains competition.
The Antitrust Bureau is responsible for enforcing the antitrust laws to prevent anticompetitive practices and promote competition throughout the state. The bureau enforces New York's antitrust laws (Donnelly Act) and also has the authority to sue for violations of federal antitrust laws (Sherman and Clayton Acts).
The Donnelly Act is the primary state antitrust law in New York. The Act mirrors federal antitrust law, and prohibits any contract, agreement, arrangement, or combination that creates or maintains a monopoly or retrains competition.