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NCJRS Abstract

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NCJ Number: 120560 Find in a Library
Title: Antitrust Violations (From White-Collar Crime: Fifth Survey of Law, P 663-676, 1989, Andrew J. Gildea, ed. -- See NCJ-120557
Journal: American Criminal Law Review  Volume:26  Issue:3  Dated:(Winter 1989)  Pages:663-676
Author(s): K A Smart
Date Published: 1989
Page Count: 14
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
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.
Main Term(s): Antitrust offenses
Index Term(s): Corporate crimes; Corporate criminal liability; Sherman Antitrust Act; White collar crime
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