ANTITRUST LAW

The law of antitrust centers on competition and the commercial structures which stimulate and manipulate competition. A background in economics is important to understand the basic concepts of competition as well as the intent and interpretation of the legislative forces which have been created to modify "natural" or unrestricted competition.

        The legislation which forms the basis of antitrust law is the Sherman Antitrust Act of 1890 which declares certain contracts, combinations and conspiracies to be in restraint of trade and therefore illegal. The Sherman Act, together with The Clayton Act and the Federal Trade Commission Act, both enacted in 1914, have been the subject of thousands of court cases over the years as the courts have attempted to develop a consistent and efficient body of law. Additionally, state antitrust laws, often modeled upon corresponding federal legislation, may govern commercial enterprise not considered to be governed by the federal acts.

        The stated purpose of all these laws is to promote competition by inhibiting monopoly and other restraints on trade, but the laws do not operate equally upon all areas of trade. Often, very unique factual situations or novel constructions of law are involved in the practice of antitrust law. It is an area of law where the experienced attorney has a fundamental advantage. Over the years several members of Moulton Bellingham have obtained considerable experience in addressing some of these unique and novel situations.

        They have become familiar with market conduct and behavior, as well as with the legal forces which are available, if necessary for market modification. Similarly, those lawyers have the expertise to represent and defend businesses which are attacked, in the name of antitrust, by entities from either the private or public sector.