Antitrust Regulations

What is it?

  • The Sherman Act and the Robinson-Patman Act are competition laws that regulate companies
  • The Sherman Act prohibits price agreement, bid rigging, territory or customer allocations and other agreement with competitors  
  • The Sherman Act also prohibits monopolization or attempted monopolization
  1. Price cutting by dominant companies could signal a violation
  2. Limiting competitors’ access to suppliers or markets could signal a violation
  • The Robinson-Patman Act prohibits price cutting by dominant companies, and works to curb large companies’ ability to demand lower prices from suppliers

Why You Care

  • You may be in violation and not even know it:
  1. Even indirect agreements with competitors could put you in violation – the proverbial (and prohibited) “wink and nod agreement
  • You could be sued by private entities or individuals, or by the government, either civilly or criminally
  • The DOJ has recovered over $1 billion in criminal fines; private suits often result in  settlements in the hundreds of millions
  • In any event, fighting an antitrust suit is very time consuming and expensive.  The best approach is defensive, and includes proper training and avoidance

The IntegTree Solution

  • At IntegTree we provide both training and consulting services.  Our consulting services include assessing your practices and putting proper internal controls in place.  
  • We are here to assist with due diligence of prospective acquisitions. 
  • We also train your workforce, including management.  We review the intersecting areas of antitrust law to which you may be subject.  We identify the prohibited practices, including practices that may not intuitively appear suspect.  
  • As with all IntegTree training programs, we work with you to customize the training to that most relevant to you.  We can deliver both short training courses and a more in-depth training intervention.  Customized Online materials can also be developed to meet your specific, ongoing training needs.