Can file antitrust charges under the sherman act

Our Blog. State Governments Attorney general offices of various states can also play a role in the enforcement of antitrust laws. Private Parties In many cases, antitrust cases are initiated by private companies or consumers that believe certain corporations are violating antitrust laws. Seek Help from an Antitrust Lawyer Helping Clients Nationwide If your company faces an antitrust investigation or allegations of violations, you could be dealing with many different parties.

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Microsoft was accused of trying to create a monopoly that led to the collapse of rival Netscape by giving its browser software for free.

Charges were brought against the company which was sued by the Department of Justice in The judge ruled that Microsoft violated parts of the Sherman Antitrust Act and ordered the company to break up into two entities. Microsoft appealed the decision, which was overturned.

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On the other hand, certain acts are considered so harmful to competition that they are almost always illegal. These include plain arrangements among competing individuals or businesses to fix prices, divide markets, or rig bids. These acts are " per se " violations of the Sherman Act; in other words, no defense or justification is allowed.

The penalties for violating the Sherman Act can be severe. Although most enforcement actions are civil, the Sherman Act is also a criminal law, and individuals and businesses that violate it may be prosecuted by the Department of Justice. Criminal prosecutions are typically limited to intentional and clear violations such as when competitors fix prices or rig bids.

The Federal Trade Commission Act bans "unfair methods of competition" and "unfair or deceptive acts or practices. The FTC Act also reaches other practices that harm competition, but that may not fit neatly into categories of conduct formally prohibited by the Sherman Act.

The Clayton Act addresses specific practices that the Sherman Act does not clearly prohibit, such as mergers and interlocking directorates that is, the same person making business decisions for competing companies.