The Sherman Antitrust Act
A Section 1 violation has three elements:
(2)which unreasonably restrains competition
(3)and which affects interstate commerce.
A Section 2 violation has 2 elements:
- (1) the possession of monopoly power in the relevant market and
- (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.
The Clayton Act
First passed in 1914, the Clayton Act was revised in 1950. The Clayton Act is a major civil statute intended to protect competition and to keep prices from skyrocketing due to mergers, acquisitions, or other business practices. By giving the government the authority to challenge large-scales moves made by corporations, the Clayton Act provides a barrier against monopolistic practices.
The Federal Trade Commission Act
Like the Clayton Act, the Federal Trade Commission Act of 1914 is a civil statute. It governs interstate commerce, attempting to maintain healthy economic competition in that realm. The act established the Federal Trade Commission, a body that enforces the Federal Trade Commission Act’s stipulations.
In addition to these three acts, antitrust violators may be found guilty of criminal activity or civil wrongdoing through other laws. Some of the other possible charges include: perjury, obstruction of justice, making false statements to the government, mail fraud, and conspiracy.
Our Los Angeles Federal Criminal Defense Attorneys have dealt with many antitrust violation cases and we have the expertise and skill to help you.