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The Clayton Antitrust Act, passed in 1914, continues to regulate U.S. business practices today. Intended to strengthen earlier antitrust legislation, the act prohibits anticompetitive mergers, predatory and discriminatory pricing, and other forms of unethical corporate behavior.
Whereas the Sherman Act only declared monopoly illegal, the Clayton Act defined as illegal certain business practices that are conducive to the formation of monopolies or that result from them. The Clayton Act and other antitrust and consumer protection regulations are enforced by the Federal Trade Commission.
Section 4 of the Clayton Act 1914 allows the recovery of damages by “any person injured in his business or property by reason of anything forbidden in the antitrust laws” ( section 4, Clayton Act).
The Cartwright Act is California’s principal state antitrust law. It is intended to prevent anti-competitive activities, and it reflects the same concepts as federal laws found in the Sherman Antitrust Act and the Clayton Antitrust Act.
Sections 4 and 16 of the Clayton Act provide antitrust plaintiffs with private rights of action. Section 4 allows ‘any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws’ to sue to collect treble damages and costs, includ- ing reasonable attorneys’ fees.
In fact, most antitrust suits are brought by businesses and individuals seeking damages for violations of the Sherman or Clayton Act. Private parties can also seek court orders preventing anticompetitive conduct (injunctive relief) or bring suits under state antitrust laws.
The Clayton Act
Under both state and federal antitrust laws, private parties can bring antitrust claims seeking treble damages, injunctive relief and recovery of attorneys’ fees. Such lawsuits may assert a variety of antitrust violations such as price fixing, price discrimination, distribution restraints, monopolization and the like.
Antitrust laws are statutes developed by governments to protect consumers from predatory business practices and ensure fair competition. Antitrust laws are applied to a wide range of questionable business activities, including market allocation, bid rigging, price fixing, and monopolies.
Federal courts have exclusive jurisdiction over federal antitrust claims. State antitrust claims can be heard in state courts but may be removed to a federal court if they supplement a federal claim.
Federal Trade Commission Act