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.
Antitrust Disclosure Compliance Memorandum
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US-TC0308
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FAQ
The Sherman Act outlawed contracts and conspiracies restraining trade and/or monopolizing industries. For example, the Sherman Act says that competing individuals or businesses can't fix prices, divide markets, or attempt to rig bids. The Sherman Act laid out specific penalties and fines for violating the terms.
The Sherman Act; the Clayton Act; and. the Federal Trade Commission Act (FTCA).
Federal antitrust laws provide for both civil and criminal enforcement of antitrust laws. The Federal Trade Commission, the Antitrust Division of the U.S. Department of Justice, and private parties who are sufficiently affected may all bring civil actions in the courts to enforce the antitrust laws.
An example of behavior that antitrust laws prohibit is lowering the price in a certain geographic area in order to push out the competition.Another example of an antitrust violation is collusion. For example, three companies manufacture and sell widgets. They charge $1.00, $1.05, and $1.10 for their widgets.
The goal of these laws is to provide an equal playing field for similar businesses that operate in a specific industry while preventing them from gaining too much power over their competition. Simply put, they stop businesses from playing dirty in order to make a profit. These are called antitrust laws.
The main statutes are the Sherman Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914.
ANTITRUST LAWS The most common antitrust violations fall into two categories: (i) Agreements to restrain competition, and (ii) efforts to acquire a monopoly. In the case of a merger, a combination that would likely substantially reduce competition in a market would also violate antitrust laws.