A PYMNTS Company

Joint State and Federal Enforcement of the Antitrust Laws: More Historic than Conflicting

BY | November 14, 2012

James Donahue, III, Nov 14, 2012 The concept of a statute to temper or eradicate the market power of trusts and cartels of businesses that agreed not to compete against…

James Donahue, III, Nov 14, 2012

The concept of a statute to temper or eradicate the market power of trusts and cartels of businesses that agreed not to compete against one another first arose in state legislatures, notably Missouri and Kansas, prior to the passage of the Sherman Act in 1890. These statutes codified and expanded common law prohibitions on monopolies and restraints of trade that had their foundation in the common law of England.

The Sherman Act and the Clayton Act, passed in 1912

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