antitrust laws


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Antitrust laws

Legislation established by the federal government to prevent the formation of monopolies and to regulate trade.

Antitrust Law

Any law opposing trusts, monopolies, and other organizations or practices deemed to be anti-competitive. Antitrust laws especially refer to laws forbidding price-fixing contracts, price discrimination, and tying. Proponents of antitrust laws believe they increase competition, while opponents, notably Ayn Rand, argue that they encourage economic inefficiency and punish success. See also: Sherman Act, Clayton Act.

antitrust laws

Federal and state statutes designed to promote competition among businesses. Antitrust laws in the United States originated from the laissez-faire excesses that took place in the early 1900s. Effectiveness of antitrust laws is heavily dependent upon enforcement by the powers in charge—primarily the U.S. Justice Department. Thus, the success of antitrust laws has varied. See also Celler-Kefauver Antimerger Act, Clayton Act, Federal Trade Commission Act of 1914, Sherman Antitrust Act.

antitrust laws

State and federal laws designed to encourage competition and discourage or prohibit monopolies.Relevant in the real estate context because of the somewhat monopolistic power of local real estate boards, their ability to admit or exclude members, the possibility of de facto (informal) price fixing relative to real estate commissions, and their control of the Multiple Listing Service® database of properties offered for sale. This is an exceptionally complex area of law. (For more information, visit the Department of Justice Web site at www.usdoj.gov/atr/overview.html and the National Association of REALTORS® antitrust pages at www.realtor.org/libweb.nsf/pages/fg704.)

References in periodicals archive ?
While the Supreme Court at first justified baseball as being exempt from antitrust laws because it was not a subject of interstate commerce and was not trade under the Sherman Act, (194) that reasoning was subsequently rejected and the Court instead allowed baseball to continue to operate without being subject to antitrust laws because Congress had failed to expressly decide otherwise.
Antitrust law has never addressed these questions because it has not grappled with the fact that economic coordination is inescapable.
(10) Underlying issues in antitrust laws in health care are hospital-hospital relations, hospital-physician relations, and hospital-payer relations.
Antitrust Laws: Of Economics, Populism, and Cynicism, 67 MICH.
The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law applies to employee hiring and compensation decisions (Guidance).
(12) On the other hand, per se illegality creates false positives and does not enable courts to apply progressive antitrust law, which is most important for innovation-related issues.
.FTC was repeatedly rebuffed by the courts when it last tried to reach well beyond settled principles of antitrust law in asserting its Section 5 authority.
Countries around the world take a myriad of approaches to antitrust laws. The United States has a few major statutes in place to fight anticompetitive behavior: the Sherman Act, (56) The Federal Trade Commission Act, (57) and the Clayton Act.
According to the FTC staff resource, "In general, a state may avoid all conflict with the federal antitrust laws by creating regulatory boards that serve only in an advisory capacity, or by staffing the regulatory board exclusively with persons who have no financial interest in the occupation ...
As such, state antitrust laws typically use the Rule of Reason to determine whether certain practices are lawful.
Market-signaling costs place the attendant behavior within the statutory scope of the antitrust laws.
Legislative Action: Cahn says Congress has the "power to change antitrust laws to allow traditional retailers to engage in collective action, and it can alter market conditions by taxing the shipping of packages from businesses to residents in such a manner as to raise Internet sellers' cost structures." Therefore, dealers can join groups such as the National Retail Federation and the National Federation of Independent Businesses to lobby Congress to pass pro-retailer legislation.