Competition & Antitrust Laws

Antitrust laws primarily safeguard individual businesses from specific acts of dishonest competition.

Unfair competition laws are enforced through administrative penalties issued by the state.

A key difference between antitrust and unfair competition laws lies in their enforcement mechanisms: antitrust laws are primarily enforced by the state, while unfair competition laws rely on private lawsuits.

Both antitrust laws and unfair competition laws authorize administrative actions initiated by the state to penalize those found in violation.

If a business suffers financial losses due to a competitor's deceptive advertising, they would seek recourse under antitrust laws.

Antitrust laws address issues like monopolies and price-fixing that harm the overall competitive landscape, while unfair competition laws target practices like trademark infringement that harm individual businesses.

In cases involving antitrust and unfair competition, the burden of proof on the plaintiff to demonstrate actual damages is higher for antitrust than for unfair competition.

The primary focus of antitrust law is to foster 'fairness' among competitors by ensuring similar market outcomes, while unfair competition law emphasizes efficiency and consumer welfare.

A company engaging in predatory pricing, intending to eliminate competition and establish a monopoly, could potentially face legal action under both antitrust and unfair competition laws.

Remedies for violations of unfair competition laws typically include fines paid to the government, while remedies for violating antitrust laws primarily involve compensating the injured party.