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What are Antitrust Laws?
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  • Written By: Sheri Cyprus
  • Edited By: O. Wallace
  • Copyright Protected:
    2003-2012
    Conjecture Corporation
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American antitrust laws are state and federal laws created to prevent monopolies. Antitrust laws apply to both businesses and individuals. The philosophy behind the laws is that trusts and monopolies can stagnate markets and prevent others from engaging in healthy market competition.

All American antitrust laws date back to the Sherman Antitrust Act of 1890 that was passed by Congress to remove limits on competitive trade. The Sherman Antitrust Act affects all interstate business transactions. Section 1 of the Sherman Act states that the courts are to interpret which contracts unfairly restrict trade. Section 2 deems it illegal for a company or an individual "to monopolize, or attempt to monopolize."

Courts usually decide on antitrust cases on the grounds that a monopoly itself may be justified only if justifiable business practices warrant it. We can think about the example of a manufacturing company that has to produce and use its own parts in a product to ensure consumer safety standards are met. Competition is being limited by the company, but if public safety is at risk, the courts would probably rule that antitrust laws have not been violated as the motive is consumer safety and not one of purposefully limiting competition.

The Federal Trade Commission (FTC)is legally permitted to interpret and enforce section 5 of the Federal Trade Commission Act's antitrust laws. Section 5 discusses "unfair methods of competition" but does not define what the "unfair methods" are in relation to trade restrictions. The FTC must enforce the standards and interpret the law in each particular antitrust case.

Another antitrust law, The Clayton Act, covers mergers and acquisitions. No merger or acquisition is permitted if the result of doing so "may be substantially to lessen competition, or to tend to create a monopoly." Again, the antitrust law is open to interpretation on a case by case basis, which sometimes necessitates the evidence of comprehensive economic market studies.

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anon139494
Post 6
My aunt has a computer but she can't get the internet through AT&T because Time-Warner has staked out her apartment building as "theirs". The only way she can get internet service is with Time-Warner, which she doesn't want. Isn't this antitrust?
anon136685
Post 5
what about the monopoly the NCAA holds over the heads of all athletes that play college athletics?
Glasshouse
Post 4
@ Cary- In the European Union, antitrust laws are grouped under the EU Competition Law. The EU Competition Law has four main areas of focus: Collusion through the establishment of cartels; diminished competition through monopolies; formation of monopolies through mergers; and direct and indirect subsidies given to individual companies by member states.

The first three areas of focus are similar to American antitrust laws, but the last is unique to the European Union. Unlike the United States, unique member states with their own economies separate from the greater economy compose the European Union.

Say for example, Spain gave subsidies to one of its major oil companies like Repsol YPF, the company could offer its commodities for less, in turn driving down the price and increasing market share. This would be a definitive boost for the Spanish economy, as the company would surely grow, but it would be damaging to the other members in the Union.

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parmnparsley
Post 3
There are natural monopolies that are immune to anti-trust laws. Instead, they are subject to heavy regulation to ensure that they do not gouge consumers.

Utilities are example of natural monopolies. The rules for utilities are different because they require large amounts of capital, and there are naturally few competitors. Often times there are not enough consumers to warrant competitors.

The benefit for natural monopolies works both ways. Monopolies benefit because they are almost guaranteed to make a ROI, and they can count on revenue far into the future. Consumers benefit because industries with natural monopolies are able to develop their technologies into maturity. Since there are no technology "races", so to speak, they can focus on efficiency, resulting in lower prices for the consumer.

cary
Post 1
I think it's important to remember that antitrust laws are different in different countries around the world. The laws listed in this article are specific to the United States, although there has been a growing movement toward US-type competition laws internationally.

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