What’s Antitrust Law?

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Antitrust attorneys specialize in protecting commerce from corporate monopolies, price fixing, and unfair restrictions. They work on cases involving mergers, acquisitions, free trade agreements, price fixing lawsuits, and unfair competition issues. They work for law firms, large companies, and government agencies. They must have expertise in complex antitrust and competition law and may specialize in mergers and acquisitions or represent clients in court in antitrust lawsuits.

Antitrust attorneys are legal professionals who specialize in the body of law designed to protect commerce from corporate monopolies, price fixing, and unfair restrictions. In general, antitrust lawyers work on cases involving everything from corporate mergers and acquisitions to free trade agreements, price fixing lawsuits, and unfair competition issues. Although they are called antitrust lawyers in the United States, these lawyers are often referred to as competition lawyers in Europe, Australia, South Africa and other countries.

Most antitrust lawyers work for law firms that represent corporate clients in various transactions. Sometimes, an antitrust attorney is hired internally by large companies that have ongoing antitrust issues. Government agencies also often employ antitrust lawyers. For example, these lawyers may work for the Department of Justice and the Federal Trade Commission in the United States, the Australian Competition and Consumer Commission or the Office of Fair Trading in the United Kingdom.

Antitrust lawyers are typically expected to develop expertise in complex antitrust and competition law. In the United States, for example, an antitrust attorney must have experience with federal antitrust laws, namely the Sherman Act and the Clayton Act, as well as various state antitrust laws. Competition lawyers in the European Union usually need to be familiar with the Treaty of Rome, and Australian lawyers are usually well versed in commercial practices law. Some developing countries have also adopted various competition laws, such as the 1998 Competition Act in South Africa.

A key area in which an antitrust attorney often specializes is in mergers and acquisitions. Antitrust laws, especially those enacted in the United States, may prohibit mergers or acquisitions that interfere with the competitive process in a particular industry. As a result, when two companies are contemplating a merger or acquisition, the deal may be subject to review by an antitrust commission before it can be completed. This review process can be rigorous and complicated. Antitrust lawyers are typically hired to help merging companies navigate the process.

An antitrust attorney may also represent clients in court in an antitrust lawsuit. For example, if a government believes a company under its jurisdiction has violated its antitrust laws, it can take the company to court. If found guilty, the company can be subject to various civil and criminal penalties, such as steep fines or even jail time for company executives and officers. Antitrust attorneys work on both sides of these disputes, representing the government agency or defending the company.




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