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ARTICLE · 16 JANUARY 2024

Competition Litigation Laws And Regulations USA 2024

A&O Shearman
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The United States has both federal and state competition laws. Under the federal antitrust laws, the government, through the Department of Justice (DOJ), brings criminal claims.

United StatesAntitrust/Competition Law
Todd Stenerson
Todd Stenerson
Rachel Mossman
Rachel Mossman
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1. General

1.1 Please identify the scope of claims that may be brought in your jurisdiction for breach of competition law.

The United States has both federal and state competition laws.

Under the federal antitrust laws, the government, through the Department of Justice (DOJ), brings criminal claims. The DOJ, the Federal Trade Commission (FTC), and private plaintiffs can bring civil claims. State antitrust laws vary.

Federal antitrust law governs both coordinated and unilateral behaviour. It prohibits multi-firm conduct and "contract[s], combination[s], or conspirac[ies]" that unreasonably restrain trade. Classic examples of multi-firm behaviour likely to "unreasonably" restrain trade include price-fixing, bid rigging, and market-allocation schemes. Other conduct, like exclusive dealing, non-compete agreements, non-solicitation provisions, resale price maintenance, and other vertical and horizontal restraints are subject to scrutiny under the

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