NCJ Number
120560
Journal
American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 663-676
Date Published
1989
Length
14 pages
Annotation
Changes in statutory and case law affecting Federal antitrust violations are discussed, along with changes in law enforcement focus.
Abstract
The article reviews the Sherman Antitrust Act, pointing out criminal sanctions and penalties for corporations and individuals and discussing the elements required to prove a violation of the act. Recent case law affecting the interpretation of such statutory elements as proof of criminal intent and sufficient connection between the defendant's illegal activities and interstate commerce are discussed, as is the status of several defenses employed by defendants accused of antitrust violations. Instead of focusing enforcement efforts on blocking mergers of giant corporations or civil actions, the Reagan administration emphasized vigorous criminal prosecutions of blatant antitrust business crimes, securing convictions as of March 1988 of over 1,000 Sherman Act defendants for anti-competitive conduct. This approach has enabled criminal proceedings to be built upon the facts gathered for civil actions under the Sherman Act and to attack blatant criminal business conspiracies without chilling innovative business practices. 103 footnotes.