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Simple English definitions for legal terms

antitrust laws

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A quick definition of antitrust laws:

Antitrust laws are rules that prevent companies from unfairly controlling a market or limiting competition. There are three main laws: the Sherman Act Section 1, the Sherman Act Section 2, and the Clayton Act. Violations can be either a per se violation, which means it's automatically illegal, or a violation of the rule of reason, which requires further analysis. Examples of illegal practices include price fixing, bid-rigging, and monopolizing a market. Mergers between companies are also subject to review to ensure they don't harm competition.

A more thorough explanation:

Antitrust laws are federal statutes that aim to promote competition and prevent monopolies in the marketplace. The three key federal statutes in Antitrust Law are Sherman Act Section 1, Sherman Act Section 2, and the Clayton Act.

Violations under the Sherman Act take one of two forms -- either as a per se violation or as a violation of the rule of reason. Per se violations of the Sherman Act include price fixing, bid-rigging, horizontal customer allocation, and territorial allocation agreements. A per se violation requires no further inquiry into the practice's actual effect on the market or the intentions of those individuals who engaged in the practice. All other violations will be analyzed under the Rule of Reason.

For example, if two companies agree to fix prices for a certain product, this is a per se violation of the Sherman Act. However, if two companies enter into an agreement that has both pro-competitive and anti-competitive elements, the court will apply the "totality of the circumstances test" and ask whether the challenged practice promotes or suppresses market competition in net.

Horizontal agreements refer to agreements between competitors. Vertical agreements refer to agreements between manufacturers and distributors. Under Sherman Act Section 1, any agreements that unreasonably restrains competition is unlawful. All vertical agreements are analyzed under the Rule of Reason.

For example, if two competing companies agree to boycott another competitor, this is illegal per se under the Sherman Act. However, if two companies enter into a vertical agreement that requires a retailer or distributor to purchase exclusively from the manufacturer, this is subject only to the rule of reason.

The Clayton Act bars mergers when the effect “may be substantially to lessen competition or to tend to create a monopoly.” Horizontal mergers (mergers among two competitors); vertical mergers (merger among firms that have a buyer-seller relationship) and potential competition mergers (buyer is likely to enter the market and become a potential competitor of the seller) are subject to review by FTC and DOJ.

For example, if two competing companies merge and the effect is to substantially lessen competition in the marketplace, this would violate the Clayton Act.

Antitrust laws are designed to promote competition and prevent monopolies in the marketplace. Violations of these laws can result in significant penalties and legal consequences. It is important for businesses to understand and comply with these laws to avoid potential legal issues.

antitrust | antitrust violations

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CynicalOops
1:16
Shattered x2
Dkk
1:17
@cheriebomb: maybe though. Maybe that is true but you shouldn't be saying that to people if you want them to date you.
1:17
Why are women always moving to London? There’s nothing good there
1:17
I’m just being transparent
1:17
The heart indicates that it’s a good thing
Dkk
1:18
Okay sounds good. Yeah my cousin moved to London. Nothing there for him after 6 years and he moved back to New York.
Dkk
1:19
Great to visit, not great to stay imo.
1:19
London sucks and cyncial’s fake ginger is probably regretting it right now
1:19
So dark and rainy and I hate the way they talk
1:19
And their sense of humor
CynicalOops
1:19
Shes was from london so im not sure
CynicalOops
1:21
Dkk i do appreciate your transparency i really understand you better
Dkk
1:21
Europe seems off to me in general. I met a lot of weird europeans in Crypto.
1:21
Oh maybe not then. But that’s your fault for dating a girl from London in the first place
Dkk
1:21
@CynicalOops: lol maybe maybe
1:23
I always understood Dk like we developed in the womb together so this is not new to me
Dkk
1:28
Mhhh maybe
Dkk
1:29
Do I understand you?
CynicalOops
1:46
Si señor yo entiendo
Dkk
2:07
Bueno lol
Dkk
2:07
Jajajaja
CynicalOops
2:08
Latina milfs are on high alert tonight
Dkk
2:51
As they should be. Nah I aint doing shit till January. Holidays I never go out drinking and eating. Gotta take advantage of the fact you can get 5.5 lbs of mussels for $20 at costco rn.
so fuckin cold
my laptop feels like an icecube
shaquilleoatmeal
10:47
it was 8 degrees this morning when I went for a walk, up at 14 now but ive been waitin for this weather all year
shaquilleoatmeal
10:48
also wtf dkk? you say some pretty outta pocket shit sometimes that no one calls you out for
windyMagician
10:52
I think he gets away from it by being an oldhead
windyMagician
10:52
*with not from
shaquilleoatmeal
10:55
nah bulb and i don't say anythin that wild and we're considered oldheads
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