Antitrust Laws Of The Sherman Act And The Ftc Act

1386 Words Nov 16th, 2015 6 Pages
Antitrust are a series of laws designed to protect competition in the marketplace. Antitrust laws prevent restraints of trade or commerce. Black’s Law Dictionary defines antitrust laws as “[t]he body of law designed to protect trade and commerce from restraints, monopolies, price-fixing, and price discrimination.” The main law regulating antitrust is the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any “[u]nfair methods of competition.” This law serves as the basis for the majority of Federal Trade Commission lawsuits such as Dental Examiners. The Sherman Act and the FTC Act largely prohibit the same activities.
Antitrust laws do not prohibit all restraints of trade, instead they only prohibit restraints that are “unreasonably restrictive of competitive conditions.” Therefore, if a restraint of trade is not unreasonable, given either its circumstances or its justification, it will not violate antitrust law. For example, if a restrain has a minimal impact, then it is likely not an unreasonable restraint of trade. Similarly, if the restrain was motivated by a good purpose, then it may not be an unreasonable restraint of trade. For example, in one case, a Federal Court held that the National Collegiate Athletic Association did not violate antitrust laws when they altered…
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