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Anti trust punishment can divided b can divided by two which is criminal punishment and
civil punishment.
An antitrust offender sued in the civil courts faces paying three times the proven harm
caused by the offence (i.e. damages), including all associated legal fees and costs.
Given the bare-boned antitrust statutes, points of theory, so called antitrust economics,
often carry large weight within US antitrust cases. These theoretical points rest with the
law professors and economists, whose cost is also borne by the offender. Whats more,
an antitrust defendant, even if their case prevails, cannot recover legal costs unless the
case can be demonstrated to be frivolous which is not easy nor common. During the
course of a trial, the antitrust offender may even be ordered to suspend certain business
practices while legal proceedings are in progression. Worse yet, should the claimant
emerge victorious, this temporary suspension could be made permanent. This is known
as the antitrust offender being enjoined.
Anti- competitive behaviour in business is not unusual and can happen to anybody quite
easily, in fact, corporations often do not realise they have acted in conflict with US
antitrust laws. These outcomes show the importance of obtaining the best legal advice at
the earliest possible stage. Established US antitrust professionals Kirkland & Ellis have
over a centurys worth of expertise in representing both claimants and defendants in high
profile US antitrust cases.
Criminal prosecutions principally concern price-fixing, horizontal market allocations, bidrigging and other antitrust wrongdoing. The government must prove each element of the
alleged offence beyond a reasonable doubt and must prove the defendant acted with criminal
intent. At the most serious level, the alleged offenders of the per se violations of Section 1 of
the Sherman Act may see their directors and employees personally charged, tried and
convicted. Found guilty, corporates can be ordered to pay enormous restitution costs and
fines, whereas an individual could face both of these including up to ten year in federal
prison.
Civil punishment:
Damages x3
Legal fees and costs
Experts costs
Enjoinment
Criminal punishment:
Enormous restitution costs
Fines
+ individuals face up to 10yrs in federal prison
Referencen
http://www.linfo.org/antitrust.html
http://www.legal.worldfinance.com/what-is-antitrust/