Cartels Laws And Regulations 2023

1. Overview of the law and enforcement regime relating to cartels

In the United States, there are two major federal antitrust laws relating to cartels:

• Section 1 of the Sherman Antitrust Act (15 U.S.C. § 1), which prohibits "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations;" and
• Section 5(a) of the Federal Trade Commission Act ("FTC Act") (15 U.S.C. §§ 41–58), which prohibits "unfair methods of competition" and "unfair or deceptive acts or practices."

The Sherman Act can be enforced criminally or civilly by the Antitrust Division ("Division") of the U.S. Department of Justice ("DOJ"). Criminal antitrust enforcement is reserved for "hard core" violations of Section 1: price-fixing; bid-rigging; and market allocation schemes among horizontal competitors. The DOJ can also pursue less egregious cases civilly. Section 4 of the Clayton Act