what is an antitrust lawyer

by Prof. Jammie Ratke 7 min read

Antitrust

Sherman Antitrust Act

The Sherman Antitrust Act of 1890 is a United States antitrust law that regulates competition among enterprises, which was passed by Congress under the presidency of Benjamin Harrison.

lawyers fight to protect small business owners, and ultimately consumers, against the effects of illegal marketplace manipulation through the enforcement of antitrust laws. Federal laws protect competition by specifically targeting unfair business practices, such as monopolization, price and bid rigging, and market allocation practices.

Full Answer

What can your friendly antitrust lawyer do for You?

Antitrust lawyers fight to protect small business owners, and ultimately consumers, against the effects of illegal marketplace manipulation through the enforcement of antitrust laws. Federal laws protect competition by specifically targeting unfair business practices, such as monopolization, price and bid rigging, and market allocation practices.

What is an antitrust attorney?

Antitrust lawyers are there to ensure that business complies with antitrust laws and that they do not participate in unfair business ventures that impact competition and/or consumers negatively. They do this several different ways. Enforcing Antitrust Laws

What do you know about antitrust law?

Mar 11, 2022 · An antitrust attorney is similar to a corporate lawyer in that they help business owners understand the regulations and ensure you’re on the right side of the law. For example, lawsuits against growing businesses are common. An antitrust lawyer helps you navigate these cases successfully. What are the Benefits of an Antitrust Attorney?

How to learn antitrust law well?

Jan 04, 2013 · Antitrust law was responsible for the breakup of the Standard Oil Company into numerous competitors as well as the split of AT&T from the Bell Operating Companies (e.g. Ameritech and Pacific Bell). Similarly, antitrust law was behind the U.S. government's actions against IBM in the 1970s and against Microsoft in the 1990s.

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What are antitrust lawyers?

Antitrust attorneys help companies navigate competition issues created by organic growth or acquisition under national and international laws and regulations. Antitrust attorneys straddle the line between litigation and corporate attorneys.

What is an example of antitrust law?

Rockefeller's Standard Oil is one of the most well-known antitrust law examples. The company dropped prices by more than 50 percent and bought up several of its competitors. As its control of the market increased, the company lowered production costs and prices even more while still making bigger profits.

What does antitrust do?

Antitrust laws also referred to as competition laws, are statutes developed by the U.S. government to protect consumers from predatory business practices. They ensure that fair competition exists in an open-market economy.

What do antitrust laws try to do?

Antitrust laws protect competition. Free and open competition benefits consumers by ensuring lower prices and new and better products. In a freely competitive market, each competing business generally will try to attract consumers by cutting its prices and increasing the quality of its products or services.

What are the 3 antitrust laws?

The core of U.S. antitrust law was created by three pieces of legislation: the Sherman Antitrust Act, the Federal Trade Commission Act, and the Clayton Antitrust Act.

What is another word for antitrust?

antimonopolyIn this page you can discover 4 synonyms, antonyms, idiomatic expressions, and related words for antitrust, like: antimonopoly, , anti-competition and doj.

Who can bring an antitrust lawsuit?

In fact, most antitrust suits are brought by businesses and individuals seeking damages for violations of the Sherman or Clayton Act. Private parties can also seek court orders preventing anticompetitive conduct (injunctive relief) or bring suits under state antitrust laws.

Why is it called antitrust?

Antitrust law is the law of competition. Why then is it called “antitrust”? The answer is that these laws were originally established to check the abuses threatened or imposed by the immense “trusts” that emerged in the late 19th Century.

What is illegal under antitrust laws?

The Sherman Antitrust Act This Act outlaws all contracts, combinations, and conspiracies that unreasonably restrain interstate and foreign trade. This includes agreements among competitors to fix prices, rig bids, and allocate customers, which are punishable as criminal felonies.Jan 5, 2017

What is an antitrust lawsuit?

Antitrust lawsuits are a type of class-action lawsuit which is filed by individuals, organizations or agencies for claims of anticompetitive business practices which led to unfair competition, price fixing or other types of fraud.

Is Amazon a monopoly?

Though Amazon may be dominant on its platform, with a steady stream of entrants into the market, it still allows competition to occur. Although its size is large, when analyzing Amazon's actions through the lens of the current definition of a monopoly from the Federal Trade Commission, Amazon is not a monopoly.Sep 10, 2021

What is an antitrust violation?

Violations of laws designed to protect trade and commerce from abusive practices such as price-fixing, restraints, price discrimination, and monopolization.

What is the name of the filing for a merger?

Indeed, for transactions of a certain size, the parties will have to file what is called a Hart-Scott-Rodino filing (named after some legislators ). Attorneys that do this call them HSR filings. These filings put the US antitrust agencies ( FTC and DOJ) on notice that you have a transaction and gives them thirty days to decide whether to issue what is called a second request.

Is antitrust compliance a smart idea?

Sometimes a company or association will want to develop an antitrust compliance policy. That is a smart idea, by the way. Other times the company will want to know if taking a certain action or developing the business a certain way carries antitrust risks.

Is the Federal Trade Commission an antitrust agency?

Finally, the Federal Trade Commission is kind of a big deal in the antitrust world. They are one of two federal antitrust agencies, along with the Antitrust Division of the Department of Justice. An antitrust attorney becomes an administrative lawyer when they have a client with FTC-dealings.

What is antitrust law?

Antitrust law seeks to make enterprises compete fairly. It has had a serious effect on business practices and the organization of U.S. industry. Premised on the belief that free trade benefits the economy, businesses, and consumers alike, the law forbids several types of restraint of trade and monopolization.

What is the purpose of antitrust laws?

Legislation enacted by the federal and various state governments to regulate trade and commerce by preventing unlawful restraints, price-fixing, and monopolies; to promote competition; and to encourage the production of quality goods and services at the lowest prices, with the primary goal of safeguarding public welfare by ensuring ...

How did antitrust law start?

Antitrust law originated in reaction to a public outcry over trusts, which were late-nineteenth-century corporate monopolies that dominated U.S. manufacturing and mining. Trusts took their name from the legal device of business incorporation called trusteeship, which consolidated control of industries by transferring stock in exchange for trust certificates. The practice grew out of necessity. Twenty-five years after the Civil War, rapid industrialization had blessed and cursed business. Markets expanded and productivity grew, but output exceeded demand, and competition sharpened. Rivals sought greater security and profits in cartels (mutual agreements to fix prices and control output). Out of these arrangements sprang the trusts. From sugar to whiskey to beef to tobacco, the process of merger and consolidation brought entire industries under the control of just a few powerful people. Oil and steel, the backbone of the nation's heavy industries, lay in the hands of the corporate giants John D. Rockefeller and J.P. Morgan. The trusts could fix prices at any level. If a competitor entered the market, the trusts would sell their goods at a loss until the competitor went out of business, and then they wold raise prices again. By the 1880s, abuses by the trusts brought demands for reform.

Which agency enforces antitrust laws?

Enforcement of antitrust law depends largely on two agencies: the Federal Trade Commission (FTC), which may issue cease-and-desist orders to violators, and the Antitrust Division of the U.S. department of justice (DOJ), which can litigate. Private parties may also bring civil suits.

When was the rule of reason established?

The turning point came in 1711 with the establishment of the basic standard for judging close cases, "the rule of reason.". Courts asked whether the goal of a contract was a general restraint of competition (a naked restraint) or particularly limited in time and geography (an ancillary restraint ).

Who said the chief business of the American people is business?

As World War I and the 1920s reversed the outlook of previous years, antitrust policy was characterized by the hands-off policies of President Calvin Coolidge, who declared, "The chief business of the American people is business.".

What is the Sherman Antitrust Act?

The Sherman Anti-Trust Act of 1890 (15U.S.C.A. § 1 et seq.) is the basis for U.S. antitrust law, and many states have modeled their own statutes upon it. As weaknesses in the Sherman Act became evident, Congress added amendments to it at various times through 1950.

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Antitrust and Business Litigation

Transactions and Mergers & Acquisitions

  • When companies merge or buy each other’s assets, antitrust issues may develop. Indeed, for transactions of a certain size, the parties will have to file what is called a Hart-Scott-Rodino filing (named after some legislators). Attorneys that do this call them HSR filings. These filings put the US antitrust agencies (FTC and DOJ) on notice that you have a transaction and gives them thirt…
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Antitrust Counseling

  • This is quite common. Sometimes a company or association will want to develop an antitrust compliance policy. That is a smart idea, by the way. Other times the company will want to know if taking a certain action or developing the business a certain way carries antitrust risks. To be useful, an antitrust attorney cannot just say “no” to any idea that could touch on antitrust issues. …
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Administrative Law and Government Antitrust Enforcers

  • Finally, the Federal Trade Commission is kind of a big deal in the antitrust world. They are one of two federal antitrust agencies, along with the Antitrust Division of the Department of Justice. An antitrust attorney becomes an administrative lawyer when they have a client with FTC-dealings. These matters could range from clients that are targets of an FTC investigation or FTC complain…
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Criminal Antitrust Law

  • Antitrust violations, in some instances, also create the potential for criminal sanctions, including jail time. The Department of Justice prosecutes antitrust criminal violations and they take them seriously. The types of conduct that most often end up as part of a criminal investigation or indictment are the per se violations: mostly price-fixing, market-allocation, and bid-riggingagree…
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