Antitrust / Competition Law

Business people generally know that it is unlawful for competitors to get together to fix prices under US antitrust law. But that may be the extent of their knowledge for several reasons. The term “antitrust” law derives from the famous Sherman Antitrust Act of 1890 which Congress passed to prevent companies from conspiring to restrain trade and to break up monopolies (also referred to as trusts).

The rest of the world calls this body of law “competition law” which is a more accurate description. Think of competition law as designed to provide a level playing field for all businesses and protect consumer welfare just like the rules for a sporting event protect both the athletes and the spectators.

Companies must compete fairly based on the superiority of their products and services. The courts have held many business practices beyond competitor price fixing and monopolization to be illegal or potentially illegal and subject to further judicial scrutiny..

At the Hoeller Law Firm, we educate our clients on how to: develop distribution channel-to-market, advertising and pricing strategies that comply with US antitrust law; properly participate in trade associations; and structure joint ventures and other permissible competitor collaborations..