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.
Tennessee Antitrust Disclosure Compliance Memorandum
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Multi-State
Control #:
US-TC0308
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How to fill out Antitrust Disclosure Compliance Memorandum?
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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 Antitrust Division's criminal enforcement program holds executives and corporations accountable for antitrust crimes. The Antitrust Division's criminal enforcement program prosecutes individuals and corporate entities for collusion, monopolization, and other crimes that undermine the free market.
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.
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.
When Congress created the FTC in 1914, it empowered the agency to prevent ?unfair methods of competition? through Section 5 of the FTC Act, 15 U.S.C. § 45. Under Section 5, the Commission may condemn conduct that violates the Sherman Act, 15 U.S.C.
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.
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.
The three major Federal antitrust laws: the Sherman Antitrust Act, the Clayton Act, and the Federal Trade Commission Act.