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U. S. antitrust law
date: 2009-01-05

Antitrust law in the United States is made up of three pieces of legislation, Respectively are 1890 enunciated "The Sherman Antitrust Act" , 1914 enunciated "Federal Trade Commission Act" and "Clayton process" .


"The Sherman Antitrust Act" It is the originator of the world anti-monopoly law, The main content is to prohibit monopoly agreement and monopolistic behavior, Since then, two other laws have been enacted to supplement and improve this law. "Clayton process" The main content is to limit concentration, Merging behavior. "Federal Trade Commission Act" Consumer rights protection and prohibition of unfair competition were added. The law also established the Federal Trade Commission.

The introduction of antitrust law in the United States has its specific background, Mainly from 19 The anti-trust movement of the late century, Its fundamental purpose is to protect the interests of consumers, Promote market competition. Under U. S. antitrust law, Once the enterprise is found to be suspected of monopoly, Will face possible fines, imprisonment, compensation, Civil sanction, Compulsory dissolution, Split and other punishments. and, Because the United States imposes punitive fines, Once the enterprise is identified as violating the anti-monopoly law, The fine will be three times the damages.

In the specific judicial operation, The United States pursues litigation "Multitrack system" . Among them, The Ministry of Justice can directly initiate civil and criminal actions against enterprises suspected of monopolies, Many classic cases in the United States were made possible by Justice Department lawsuits. The Federal Trade Commission can also rule directly or bring civil charges. In addition, Damaged enterprises or ordinary consumers can also directly file civil lawsuits against suspected monopolies, And asked for triple damages.

1890 annual "Sherman method" It was the first antitrust law in the United States and the world. At that time, Trust organizations emerged in the United States during the industrial Revolution, Take Mobil Oil, Has taken control of the whole country 90%Oil refining industry. Profiteering trusts are widely opposed, Public opinion calls for government action, Hence the birth of "Sherman method" . 1914 approved "Clayton Antitrust Act" In fact "Sherman method" Amendments to, The relevant provisions have been amended and explained; It also came out in the same year "Federal Trade Commission Act" . These three laws stand on three fronts, Form the backbone of American antitrust law.

In the early days of the antitrust laws, The definition of monopoly in the US, Mainly according to the size of the enterprise and product market share to judge. Excessive enterprise scale, Products in the national market share is too large (Such as 80%) , Can be judged to be a monopoly that impedes competition and trade. In several early antitrust cases in the United States, Such as 1911 The Mobil Oil Company case and 1983 The AT&T case of nineteen sixty-one, The defendants were accused of being too big, Impeding or restricting competition and trade, Was found guilty of violating U. S. antitrust laws and was broken up.

With the growing competitive economy of the United States, Companies are getting bigger. Especially with the increase in mergers and globalization, Size and market share no longer seem to be the indicators of monopoly. America's antitrust focus has also turned to abuse of established monopolies, Illegally engaged in unfair competition. In recent years, the U. S. government filed an antitrust lawsuit against the software giant Microsoft, Is a classic example of this shift.



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