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.
Harris Texas Antitrust Disclosure Compliance Memorandum
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State:
Multi-State
County:
Harris
Control #:
US-TC0308
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The Texas Public Information Act has certain exceptions where information may not be disclosed. For instance, confidential information related to trade secrets or proprietary information may be exempt under the Harris Texas Antitrust Disclosure Compliance Memorandum. It's important to consult legal advice through platforms like US Legal Forms to ensure you're fully aware of your rights and the applicable exceptions.
The three major Federal antitrust laws are: The Sherman Antitrust Act. The Clayton Act. The Federal Trade Commission Act.
Antitrust compliance programs are just what the name implies: a set of policies, procedures, and internal controls to help a company comply with its obligations under antitrust law.
An example of behavior that antitrust laws prohibit is lowering the price in a certain geographic area in order to push out the competition. For example, a large company sells widgets for $1.00 each throughout the country. Another company goes into business and sells widgets just in California or $. 90 each.
These include: price fixing - agreeing to charge the same commission between brokerages. bid rigging - when auction buyers work together to lower purchase prices, market and customer allocation - divide regions or customers in your area. group boycotts - avoiding certain buyers or real estate agents.
Per Se Rule: Price fixing, bid rigging and market allocation are among the group of antitrust offenses that are considered per se unreasonable restraints of trade.
Major antitrust legislation in the United States includes the Interstate Commerce Act of 1887, the Sherman Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914.
To prove antitrust injury, a plaintiff must satisfy a two-prong test: (i) the injury is of the type the antitrust laws were intended to prevent and (ii) the injury flows from that which makes the defendant's conduct unlawful.
Violations of the Sherman Antitrust Act include practices such as fixing prices, rigging contract bids, and allocating consumers between businesses that should be competing for them. Such violations constitute felonies. As such, they may be punished with heavy fines or prison time.
Tying agreementsalong with price-fixing, market allocation, bid-rigging, and certain group boycottsare considered per se antitrust violations.
