This memornadum addresses two antitrust concerns that should be noted by emerging companies: Avoiding the creation of documents that might invite antitrust problems, and avoiding premerger coordination of commercial activities and uncontrolled exchange of compettitively sensitive information.
Nevada Antitrust Disclosure Compliance Memorandum
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Multi-State
Control #:
US-TC0308
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Word;
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FAQ
Antitrust laws were designed to protect and promote competition within all sectors of the economy. The Sherman Act, the Federal Trade Commission Act, and the Clayton Act are the three pivotal laws in the history of antitrust regulation.
Here are just a few examples: Making false or misleading statements of fact concerning the price of goods or services for sale or lease. Fraudulently altering any contract, written estimate or repair, written statement of charges or other documentation in connection with the sale or lease of goods or services.
The Sherman Antitrust Act This law prohibits conspiracies that unreasonably restrain trade. Under the Sherman Act, agreements among competitors to fix prices or wages, rig bids, or allocate customers, workers, or markets, are criminal violations.
The Nevada antitrust laws prohibit any of the following activities, and more: Price fixing, such as agreements to lower prices to buy raw materials or establish prices for services, to not advertise prices, to bid rig, to discontinue products or restrict the volume of production, etc.
Rules relating to deceptive trade practices are dealt under Nevada Revised Statutes, Title 52, Chapter 598 et seq (Deceptive Trade Practices). Section 598.0915 of this Chapter prohibits any person from advertising goods or services with the intent not to sell or lease them as advertised.
The core of U.S. antitrust law was created by three pieces of legislation: the Sherman Antitrust Act, the Federal Trade Commission Act, and the Clayton Antitrust Act.
Under Nevada law, the following constitute unfair trade practices: Price fixing, such as raising or lowering the price of a commodity or service. Attempting to create a monopoly. Dividing the marketplace and refusing to sell to certain consumers.