Free Essay

Antitrust Laws for Fair and Competitive Business

In:

Submitted By bcmo26
Words 691
Pages 3
Antitrust Laws for Fair and Competitive Business
Laws in the United States that aim to promote fair, balanced, and competitive business practices are known as antitrust laws. According to Bovée & Thill, (2013), “Antitrust laws limit what businesses can and cannot do to ensure that all competitors have an equal chance of succeeding” (p.40). Three such laws are The Sherman Act, The Federal Trade Commission Act, and The Clayton Act. These laws (particularly The Sherman Act) provide general guidelines for business practices, but not all of them define specific rules that a business must follow.
There are too many situations that may arise for each one to be addressed. Therefore, when a business is accused of breaking an antitrust law, the outcome must be determined by the courts, leaving the results open to subjective interpretation given the circumstances. Because these laws are general outlines for acceptable business practices, there are ways that they can be circumnavigated. Despite these challenges, antitrust laws are effective in reducing, although not eliminating, unethical business practices in the U.S. However their reach does not extend to many aspects of international business.
The Sherman Act, passed by Congress in 1890, (“The Antitrust Laws,” n.d.) protects against a restraint of trade. In other words, it restricts individuals or businesses from carrying out a particular policy or agreement that prevents other businesses from competing fairly for a portion of the market.
Non-compete agreements are one example of business practices that are called into question as they apply to this law. When a business wants to purchase one or a number of its competitors’ operations, The Sherman Act aims to prevent the purchasing company from restricting the sellers’ ability to compete in that market by another means. For example, the purchaser may not mandate that the seller refrain from opening another similar business in that market.
Price-fixing is another issue that is addressed by The Sherman Act. Regardless of what the fixed price is (above, below, or at market value), price fixing ultimately harms the consumer. The law prevents agreements between the main competitors in a given market to set a specific price for a product, leaving the consumer little or no option but to pay or go without.
Antitrust laws are effective if and when potential violations are reported and tried in the United States Supreme Court. However, many instances of such practices go unnoticed due to several reasons. Smaller less-visible companies may not be questioned since they don’t control a large portion of the market. Price fixing may also go unreported if it is done by companies in a relatively small geographic area.
Larger far-reaching companies such as Wal-Mart are much more in the public eye and their business practices are closely scrutinized here in the U.S. But many of those businesses have contracted with foreign manufacturers in locations where our antitrust laws are not applicable. The foreign companies may be participating in price-fixing for the sale of their goods or services to U.S. companies. There is no legislation preventing this from happening and since the majority of foreign countries offer prices lower than any American companies can regardless of price-fixing, the contracting U.S. businesses won’t fight it.
While antitrust laws provide a means of stopping unfair business practices, it is not a definitive solution for the prevention of such acts. Much of the responsibility for reporting unethical behavior remains in the hands of those whose rights have potentially been violated, especially in the case of small or regionally isolated companies. And the subjective qualities of the language used in the laws leaves them open to interpretation. However, they do provide a basis for bringing unethical or even questionable business practices before a legislative body and give the public domain within the U.S. a modicum of assurance that their rights are being protected. References
Bovée, C.L. & Thill, J.V. (2013). Business in Action. Upper Saddle River, NJ: Pearson Education, Inc.
The Federal Trade Commision. (n.d.) The Antitrust Laws. Retrieved from http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws

Similar Documents

Premium Essay

Business Practices

...Research Paper #1 Antoine Finley Devry University Business Practices Introduction The United States has several laws that are intended to further fair, balanced, and competitive business practices and I think they are effective but there are some professional economist who don’t always agree on what role the government should play in the economy. I intend show examples of how the laws set in place are helping the competitive business practices. The examples I plan to focus on are major government agencies and what they do, antitrust legislation, and merger and acquisition approvals, and encourage innovation and economic development. These examples will back my belief that the laws set by the United States government are effective. It is stated in Bovee and Thill (2012, p.38) based on the belief that fair competition benefits the economy and society in general, governments intervene in markets to preserve competition and ensure that no single enterprise becomes too powerful. Major Government Agencies To keep the business practices fair, balanced, and competitive the United States government has agencies to promote standards, regulate and oversee industries and enforce laws and regulations. These agencies are Consumer Product Safety Commission (CPSC) which regulates and protects public from unreasonable risk of injury from consumer products, Environmental Protection Agency (EPA) which develops standards to protect the environment, Equal Employment Opportunity Commission...

Words: 1372 - Pages: 6

Free Essay

Further Fair, Balanced, and Competitive Business Essay

...Week 3 Research Paper DeVry University  The United States has several laws that are intended to further fair, balanced, and competitive business practices. Do you think that such laws are effective? If so, why? If not, why not? Be sure to provide evidence to support your position one way or the other. Before the late 1800’s there were no laws to protect consumers and the process of competition. Often times, the consumers and the well being of all were not taken into consideration before these antitrust laws were put into act. The business owners were more often than less, only looking to make a profit no matter what that took. Thankfully, in 1890 Congress passed the first antitrust law, the Sherman Act as a “comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade.” This law states that, “This Act outlaws all contracts, combinations, and conspiracies that unreasonably restrain interstate and foreign trade. This includes agreements among competitors to fix prices, rig bids, and allocate customers, which are punishable as criminal felonies.” (www.ourdocuments.gov/, 2014) A law designed to restore competition and free enterprise by breaking up monopolies. The original intention of the Sherman Antitrust Act was to protect consumers from big businesses that were using unscrupulous means to raise prices artificially, such as intentionally producing too few goods to meet consumer demand and thereby driving up the products'...

Words: 1440 - Pages: 6

Free Essay

Laws in the United States

...Laws in the United States The United States has various laws in place, which are anticipated to foster fair, balanced, and competitive business practices. These laws are placed as control measures to help safeguard fair business practices. With anti-trust laws in place we are then warranted a since of security from unfair and anti-competitive business practices, unreasonable trade, and price discrimination. As though anything new that is introduced, laws and or regulations when newly introduced can become the product of skepticism. Typically the judgmental ears question the new laws purpose and what influence it will have, even though these new laws may be intended to foster fair and or competitive business practices. Although most of us do not recognize their value, anti-trust laws affect our daily lives in a multiplicity of ways. In 1890 Congress ordained the Sherman Antitrust Act, a law designed to restore competition and free enterprise by breaking up monopolies. This Act July 2. 1890 states the following: “This Act outlaws all contracts, combinations, and conspiracies that unreasonably restrain interstate and foreign trade. This includes agreements among competitors to fix prices, rig bids, and allocate customers, which are punishable as criminal felonies.” The novel purpose for Sherman’s Act was to protect consumers from big business that was exercising immoral means to raise the prices of their product falsely, for example producing too few goods to help meet...

Words: 718 - Pages: 3

Free Essay

Research Paper

...BUSINESS PRACTICE LAWS IN THE U.S. DeVry University Business Laws Effective or Not When referring to the business practice laws or the Antitrust laws, I feel that they are effective. They are setup to make things somewhat fair in the business world and allowing companies to be competitive, at the same time protecting consumers. These laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices (FTC). They also are setup to benefit the consumer, by having incentives for businesses to operate, keep prices down, and by keeping the quality up. These laws also, make it fair to the other companies and stop companies from monopolizing. By setting up the law of stopping monopolies, has also ensured there is effective economy. This was done in the late 1890’s with the Sherman Antitrust Act. The act's primary goal was to limit the expansion of monopolies, the restriction of free trade (competition) and the imposition of price fixing by industry members or any combination of business practices that led to the restriction of trade (Heakel, 2010). This allows for more competition, which has helped the consumer able to get the best price for their money and also allowing the consumer to have a choice in where to buy a product. So, basically there are many sellers busily competing against one another to sell a particular kind of product or service to paying customers, no seller will be able to take unfair advantage of the buyers, but...

Words: 932 - Pages: 4

Free Essay

Fair Balanced and Competitive Business Practices

...Fair Balanced and Competitive Business Practices Abstract The United States has many laws to further fair, balanced and competitive businesses. I believe these laws are useful and are put into place to protect businesses, organizations and consumers. These laws help protect against copyrighting, discrimination, insider trading and trademarking. Businesses must engage in ethical business practices which include abiding by government laws in order to be more successful and profitable. Bovee & Thill (2012) says that there is a great amount of concern regarding the ethics of business leaders, both current and future and the public seems to agree. The changing nature of business from manufacturing to knowledge technology has called for new levels of regulation on the part of federal agencies. Fair Balanced and Competitive Business Practices Business enterprises play an important role in the society. However, these enterprises could exploit other players in the market or affect consumers’ welfare in one way or another. In a bid to promote fair and competitive business practices, the United States formulated and implemented antitrust laws. Among them are the Sherman Act of 1890, Federal Trade Commission Act, and 1914’s Clayton Act (Broder, 2012). Over the years, these laws have proved adequate, suitable, and relevant in the business world. The primary objective of the aforementioned laws is to promote fairness and competition among businesses. In other words, these laws...

Words: 539 - Pages: 3

Free Essay

Business Laws....Effective or Not?

...Business Laws…Effective or Not? Chamberlain College of Nursing BUSN115 Introduction to Business and Technology Professor Tammy Lewis Spring, 2014 Business Laws…Effective or Not? The question this week that we are discussing is that the United States has several laws that are intended to further fair, balanced, and competitive business practices. Are such laws effective? If not, why? There are several laws in place such as the Sherman Antitrust Act, the Clayton Antitrust Act and the Federal Trade Commission Act. Anti-Trust laws limit what businesses can and cannot do to ensure that all competitors have an equal chance of succeeding. (Bovee and Thill p. 39). We will discuss each of these laws throughout the paper and hopefully answer the question that was originally asked. The United States laws that are in place currently are typical effective as control measures to ensure fair business practices are followed. Determining the success or failure of specific legislation or regulations can be relative to what angle you are looking from. With anti-trust laws we are insured safeness from unreasonable trade, price discrimination and unfair and anti-competitive business practices. The Sherman Anti-Trust Act In 1890, Congress enacted the Sherman Anti-Trust Act, which is a law designed to restore competition and free enterprise by breaking up monopolies. The Act of July 2, 1890 (Sherman Anti-Trust Act) states that: “This Act outlaws all contracts, combinations...

Words: 993 - Pages: 4

Free Essay

Small Business & Antitrust Laws

...Small Business & Antitrust Laws Andrew Paul Danecki DeVry University Small Business & Antitrust Laws It may seem like in the United States that the free-market is a bit cutthroat and everyone is out for their own best interests.  The U.S. is best described to have a mostly capitalist economy, and there are a handful of laws to allow growing businesses to have a fair chance to compete against other companies of the similar market.  Antitrust laws, protection against monopoly, and laws pertaining to certain mergers are just to name a few.  These laws are important, and extremely effective at protecting the small and growing businesses.  It was not perfect at first, of course, but has adapted to cover a handful of loopholes. When you think of a monopoly, what normally comes to mind?  That good, old classic board game made by Hasbro.  That’s what I think of when that word comes in mind.  And just like in the game, you try to dominate the board and be the only player left.  The same goes for that word in the market world, which actually is illegal since the Sherman Antitrust Law was enacted in 1890.  A monopoly is when a single company has solid control over the market with a particular product or service.  Congress passed this first antitrust law as a “comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade” (The Antitrust Laws, n.d.).  The last two laws were passed shortly later, and all three of these laws...

Words: 1035 - Pages: 5

Premium Essay

Antitrust Law

...| ANTITRUST LAW | | Name -Manpreet Kaur [Date] | “The mission of the Antitrust Division is to promote economic competition through enforcing and providing guidance on antitrust laws and principles”. Antitrust laws have been developed to create the strong foundation of a free & open market of a vibrant economy. Market is so competitive now a days, there are so many options available for products & services, which is the result of antitrust laws. Antitrust is developed to help both consumers & business owners. “These laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices” Antitrust laws are developed by the U.S. Government, also commonly known as "competition laws". Antitrust law was put in place by U.S. Government to protect consumers from being vulnerable to exploitery business practices. Government protects consumers by ensuring that the competition which exists in the market is fair, & would also ensure that enforcement leads to an open-market which is consumer friendly. ANTITRUST LAW-GOAL & HISTORY The goal set by government is to protect the end user, consumer, antitrust laws “is to protect economic freedom and opportunity by promoting free and fair competition in the marketplace”. Consider being in a market with one option, what it would offer to consumers, technically nothing, because there are no options. Antitrust law ensure that the “Competition in a free market benefits American...

Words: 2734 - Pages: 11

Free Essay

Antitrust Laws and Competitive Business Practices

...Antitrust Laws and Competitive Business Practices The fair, balanced and competitive application of U.S. laws as applied to business practices Introduction Several laws have been enacted to provide protection to businesses in our free-trade market. There are times when trading within the free market does not demonstrate the fair, balanced and ethical conduct deserved in competitive business. Trying to compete in a market where practices aren’t regulated deprives businesses the benefits of competition, resulting in higher prices for products and services which in turn affect the economy. Unfair trade practices have been around for as long as trade itself. Unfair practices were under scrutiny as early as 470 B.C. Grain was so vital to Greece’s population that trade laws were enacted. A percentage of grain was taken by the state therefore taxes were applied to anyone not importing directly to Athens. Death applied to anyone restricting imports (http://www.ancient.eu/article/115/). The latter was definitely extreme but regulations now cover a broader range of violations with less severe consequences. The federal government enforces three major antitrust laws. These laws address unfair practices that deprive businesses the benefits of interstate and international trade. Federal antitrust laws apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution, and marketing. The Sherman Antitrust...

Words: 1264 - Pages: 6

Premium Essay

Master in Management

...Antitrust September 17, 2009 Tonight’s Agenda      Role Call Review of Last Week, Current Events Antitrust Case Study: DeBeers Wrap Up Review of Last Week “People of the same trade seldom meet together, even for merriment and division, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.” -- Adam Smith “Perfectly Competitive Market”      Consumers well-served. Receive goods at lowest price possible. Society able to choose among competing good with maximum efficiency. Firms that do not produce what consumers want at a fair price are quickly eliminated. Highly restrictive model applying stringent standards. Antitrust    Perfect competition model is essentially static. Real world markets are extremely dynamic. Perfect competition model is unsuitable as a benchmark. Antitrust Laws    Promote a competitive economy by prohibiting actions that restrain, or are likely to restrain, competition and by restricting the forms of market structure that are allowable. Limit the activities of firms that have legally obtained monopoly power. Intended to provide a general statutory framework to give the Justice Department, the FTC, and the courts wide discretion in interpreting and applying them. The Development of Antitrust Laws   Trust was a device for pyramiding control over several operating companies. The Sherman Antitrust Act (1890)...

Words: 1801 - Pages: 8

Free Essay

Business Ethics and Corporate Social Responsibility

...Business Ethics and Corporate Social Responsibility April Duhon DeVry University The United States has several laws that are intended to further fair, balanced, and competitive business practices. Do you think that such laws are effective? If so, why? If not, why not? The effectiveness of the laws that the United States have that are intended to further fair, balanced, and competitive business practices depends on how ethical a business is. Below I will explain why I do not believe these laws are effective due to the way ethical businesses follow the law and unethical businesses do not follow the law. In response to the growth of monopolies that threatened to destroy competition in the marketplace Congress passed the Sherman Antitrust Act in 1890. According to the Encyclopedia of White-Collar & Corporate Crime, “The Sherman Act was officially enacted because companies in various industry groups were attempting to eliminate their competition in the marketplace, thus hurting the economy.” (Encyclopedia of White-Collar & Corporate Crime, 2004, p. Introduction) The Sherman Act has two provisions in place to prevent this. The first stops the restraints of trading between states or foreign nations and the second makes monopolies illegal. The penalties for violating the Sherman Act are severe and include prison time of up to 10 years and a $1 million dollar fine for Individuals and $100 million dollar fines for businesses. The Clayton Act was passed by congress in 1914 to...

Words: 756 - Pages: 4

Premium Essay

Why Is Antitrust Laws Important In Business

...competition many enterprises will do whatever it takes to stay on top. The United States has laws that are ordinarily used as a way to make sure that honest and fair practices are followed in business organizations. These laws are very important and should be strictly adhered to so that the organization's integrity stays intact while at the same time they continue increasing their customers and profits. The United States as well as many other countries has many antitrust laws that forbids acts or understandings that can get rid of or deter fair competition, these laws also forbids the maltreatment of a dominant industry position, restraint or misrepresent commerce, hold prices by artificial means, or bring forward a monopoly. I will be writing about antitrust laws and the famous Microsoft case to demonstrate how business ethics and fair practices are important in business, it’s not only right thing to do but can also be beneficial to the company, clients and employees....

Words: 1245 - Pages: 5

Free Essay

Asdsad

...Introduction Antitrust laws are essentially a series of highly interpretable and ever-changing guidelines meant to encourage stable competition between businesses; in essence they are laws to protect against anti-competitive monopolists and conspiracies. What is US antitrust law? US antitrust law is essentially competition law. The term “antitrust” refers to the colossal trusts which were set up in the US in the late 1800s to control entire markets for petroleum, transport, banking, rail and other industry sectors. However, these trusts undermined free market economics by restricting competition, and the US antitrust laws were enacted to redress this issue. Consequently it is fair to say that defending the right of businesses to compete is the true purpose of antitrust law. An anticompetitive practice that is harmful to a business or its customers will find no antitrust law protection. The antitrust laws come only into effect when competitors collude with one another to undermine legitimate competition; or one of more competitors attempt to exclude another competitor to create or preserve a monopoly on their position; or if a proposed merger, acquisition or exclusive supplier agreement threatens to reduce competition in an unacceptable manner. In each of these instances there is a threat that the predatory corporate could increase prices without this having an effect on demand since the consumer has no-one else to purchase the goods from. This, in effect, distorts competition...

Words: 570 - Pages: 3

Free Essay

Anti-Trust Laws

...Antitrust Laws & Their Effects Jamar Averyhart Dr. Law Trine University In order to have a free economy you must have a competitive market place. A market that is open and stimulates the economy. This gives consumers whether they are organizations or just regular citizens the opportunity to purchase consumer goods at a relatively low price. As opposed to other economies that are not open markets, and that have one firm dominating the market place. Which drives up the price of consumer goods and make them unreasonably high. This is where antitrust laws come into play ("The Antitrust Laws," 2015). What are antitrust laws? Antitrust laws keep organizations from creating monopolies in industries, or colluding to drive up the price of items. If two major firms i.e. Apple and Microsoft were to merge. They control a large majority of the marketplace in the computer industry. This merger would lead to a shift in the price of computer and computer technology. It would create unequal competition and drive many other firms out of business. With the resources and consumer base that both companies have they would be able to dictate the prices in the industry and not have to rely on consumer demand and market trends. The first ever antitrust law was passed in 1890 which was the Sherman Act ("The Antitrust Laws," 2015). The Sherman Act made it illegal to try to form a monopoly, have a monopoly, or plan to have one. ("The Antitrust Laws," 2015) With the Sherman Act violating any...

Words: 2079 - Pages: 9

Premium Essay

Google Antitrust Ivestigation

...or so they say. It is what makes the world go round, and business owners will sometimes sell their souls in the hopes of becoming top dog. Some of these businesses get a little too big for their britches at times, and like children on the playground they have to be watched over so that everything stays fair. According to the Department of Economics and Finance Chair of Law and Economics, “antitrust can be considered a form of economic regulation done by governments over economic activity of undertakings. Antitrust regulations and competition laws are primarily made in order to assure sound competition in each segment of the broader market, protect consumer welfare and avoid abuse of market power by dominant firms.” (Grillo, Renda, 2014) When one single company controls a big enough portion of the market share of a product or service that it affects significantly the terms on which others have access to it, it is deemed a Monopoly market structure. If a group of firms does the same, it is referred to as an oligopoly market structure. “Oligopolies and monopolies may maintain their position of dominance in a market because it is too costly or difficult for potential rivals to enter the market. Obstacles to entry are called barriers to entry.” (Grillo, Renda, 2014) This doesn’t go over well in today’s society, which is what antitrust laws are for. One company lately has been getting many accusations of infringing said laws and causing quite a stir. “Google has been accused of...

Words: 1848 - Pages: 8