What are Antitrust Laws?
Antitrust
Laws are laws formed by the government, to regulate and prohibit
anticompetitive practices that may be conducted by businesses for unlawful
gains at the expense of depriving consumers and society at large of the
benefits of competition.
Let's
understand this in detail.
History
·
Around the late 19th century, the industrial might of the United
States of America was growing at its fastest pace.
·
During that time, several businesses were found to be indulging
in anticompetitive practices by forming a cartel, indulging into monopoly,
ownership of stake in one another, etc.
How
has the word Antitrust evolved?
·
This grouping of different corporations, with aligned business
interests were referred to as corporate trusts then, as the element of mutual
cooperation between them was at the base of their conduct of anti competitive
practices.
·
These corporate trusts enjoyed significant market power and used
the same to make supernormal profits depriving consumers of the benefits of a
healthy business environment where there is healthy competition and market
forces decide the prices.
·
Thus to prohibit these so-called corporate trusts to conduct
anticompetitive practice, Antitrust Laws came into existence.
So
finally once again,
What
are Antitrust Laws?
Antitrust
Laws are laws formed to regulate and prohibit anticompetitive practices that
may be conducted by businesses for unlawful gains at the expense of depriving
consumers and society at large of the benefits of competition.
Antitrust
Laws in USA and European Union
·
One of the world's first Antitrust Laws to come into existence
was from the USA, called The Sherman Act, 1890.
·
Further in 1914, Federal Trade Commission Act as well as The
Clayton Act were enacted in the USA.
·
The European Union has European Union Competition Law, which is
enforced by the European Commission on Competition.
Antitrust
Laws in India
The
Competition Act, 2002 was enacted;
Ø to prohibit
anti-competitive agreements,
Ø abuse of dominant
position by enterprises and
Ø to regulate mergers,
amalgamations and acquisitions
Ø with a view to ensure
that there is no adverse effect on competition in India.
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