What Does Anticompetition Mean For A Business?

Making sure a business is running in accordance with the law is something that must be handled with the utmost care. From our offices in Washington, D.C., New Jersey and Philadelphia, Harty Williams has helped clients throughout the United States understand their options. We are here to assess your case and decide how to best move forward.

Antitrust Laws: What You Need To Know

The Sherman Antitrust Act, enacted in 1890, was the first federal antitrust statute; it has since been amended multiple times to cover a wide variety of unfair business practices. Pennsylvania and New Jersey also have their own regulations regarding anti-competitive practices.

At their core, these statutes are designed not to punish businesses for their success, but to preserve the free market by preventing a monopoly, in which one business has control over a particular market. A business with this kind of control can fix prices to suit their needs, rather than what the market dictates, and has less incentive to produce quality goods and services, to the detriment of the consumer.

There are numerous activities that might trigger an antitrust case, including:

  • Vertical or horizontal price-fixing
  • Below-cost pricing
  • Price discrimination
  • Pay for delay
  • Conspiring to monopolize
  • Collusion bidding or bid-rigging
  • Group boycotts
  • Tying arrangements in purchasing
  • Exclusive dealing agreements

How The Federal Trade Commission Regulates Businesses

When large businesses merge, or one acquires another’s assets, the transaction is reviewed by the Federal Trade Commission (FTC), in order to ensure that a monopoly is not being formed and that the businesses involved are not engaging in anti-competitive behaviors to accomplish their goals.

Most large companies have their own antitrust teams in place to make sure the transaction is compliant with all applicable regulations. If not, they may need to bring in outside counsel to assist.

It is vital to make sure that the transaction is done by the book, as failing to adhere to antitrust regulations can lead to a rejection of the proposed merger, which could hurt both entities and put jobs at risk.

Interested In Learning More? Call Today

Cases involving unfair business practices can be extremely complex and require a thorough understanding of both federal and state antitrust laws. The antitrust lawyers at the Harty Williams have the knowledge and experience to handle all types of high-stakes anticompetitive business practice cases. Armed with the latest technology and extensive litigation experience, we can help you navigate these complex issues, and will prepare a sound legal strategy to achieve the best possible outcome for your business. We help businesses of all shapes and sizes across the nation. Call us today at 267-383-3899 or contact us online to review your case.