Federal Violation of the Anti-Trust Law
When it comes to violating the anti-trust laws in a federal setting, the government's primary concern is to prevent entities or individuals from conspiring to establish a monopoly in any trade. The United States government staunchly defends the market's ability to foster competition and fair trade, making any attempt to create a monopoly a serious offense.
When someone or some entity attempts to get some sort of an anti-trust situation where they are trying to create a monopoly, the federal government will come in and arrest those individuals involved in that.
If you're being investigated for a violation of the antitrust laws, your best bet is to get in front of an attorney who has handled these types of cases before and can best advise you. Sometimes, you have defenses to these crimes, and you do not actually have the will to violate the anti-trust laws.
Sometimes, people make mistakes and do things without criminal intent or purpose. This is when you need your criminal defense attorney to fight for you to get the best possible resolution of your case and see if the government can be convinced to dismiss the case and issue a warning against you.
Penalties for Violating Antitrust Laws
A person who makes a contract or engages in some sort of conspiracy and the government deems that they're attempting to violate the trade or commerce laws of the United States can be found guilty of a felony.
If they're convicted, they can receive punishments of up to a million dollars per person and a hundred million dollars per corporation and, at the discretion of the federal court sentencing judge, up to ten years in federal prison.
As you can see, these punishments are extremely serious. The reason that they are so harsh is that the government believes that these antitrust laws are there to protect the fabric of our society and our trade, which directly affects the economy of the United States.
If you find yourself charged with an antitrust violation, remember that there is hope. Seek the advice of an attorney immediately, refrain from making any statements to the government, and trust your attorney to handle your defense. With the right steps, you can work towards achieving the best possible outcome for your case.
When I meet with clients regarding antitrust violations, I have them come into my office. We sit down, we go over every aspect of their case—hopefully, I can get myself a copy of the paperwork related to the case and the discovery—and then, after we both review it, we go over it piece by piece. I obviously ask that my clients be honest with me and give me all the details necessary for me to defend them properly.
When meeting with clients regarding antitrust violations, I stress the importance of honesty and full disclosure. Obtaining all the information allows me to provide the best defense and utilize my twenty-five years of experience in the federal courts across the United States. Once we have a clear understanding of how the defense will proceed and are both working towards the same goal, you can feel confident in the defense of your federal criminal case.
The Sherman Antitrust Act
A Section 1 violation has three elements:
(1)An agreement
(2)which unreasonably restrains competition
(3)and which affects interstate commerce.
A Section 2 violation has two elements:
(1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.
The Clayton Act
First passed in 1914, the Clayton Act was revised in 1950. It is a major civil statute intended to protect competition and keep prices from skyrocketing due to mergers, acquisitions, or other business practices. By giving the government the authority to challenge large-scale moves made by corporations, the Clayton Act provides a barrier against monopolistic practices.
The Federal Trade Commission Act
Like the Clayton Act, the Federal Trade Commission Act of 1914 is a civil statute. It governs interstate commerce and attempts to maintain healthy economic competition in that realm. The act established the Federal Trade Commission, a body that enforces the Act's stipulations.
In addition to these three acts, antitrust violators may be found guilty of criminal activity or civil wrongdoing through other laws. Some of the other possible charges include perjury, obstruction of justice, making false statements to the government, mail fraud, and conspiracy.
Our team of Los Angeles Federal Criminal Defense Attorneys has a wealth of experience in handling antitrust violation cases. We have the expertise and skill to guide you through this challenging time. Contact us at (213) 542-0994 to discuss your case and take the first step towards a strong defense.