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Competition law

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Competition law is a legal field designed to maintain market competition. It regulates the conduct of companies to prevent unfair business practices. This field is known by several different names. It is often called antitrust law or anti-monopoly law. Some also refer to it as trade practices law. The act of attacking monopolistic companies is sometimes called trust busting. These laws are essential for protecting consumer welfare. They also ensure that entrepreneurs have a fair chance to compete in a market economy.

Monopoly-surpluses
Monopoly-surpluses

There are three main elements that make up competition law. First, the law prohibits agreements that restrict free trading. This specifically targets cartels, which are groups that work together to control trade. Second, the law bans abusive behavior by firms that dominate a market. This includes practices like predatory pricing, which is setting low prices to remove rivals. It also covers tying, price gouging, and the refusal to deal with others. Third, authorities supervise mergers and acquisitions of large corporations.

Aoltw
Aoltw

If a merger threatens competition, it may be blocked. Alternatively, companies may be required to use remedies, such as divesting part of their business.

Historically, the roots of competition law reach back to the Roman Empire. Around 50 BC, during the time of Julius Caesar, laws protected the grain trade. Authorities imposed heavy fines on those who deliberately stopped supply ships. In 301 A.D., the leader Diocletian issued an edict regarding a tariff system. This edict even imposed the death penalty for those who created artificial scarcity. Later, in 483 A.D., laws under Zeno helped stop monopolies by rescinding exclusive rights. These early efforts show that governments have long sought to regulate market stability.

In the Middle Ages, England developed its own methods to control trade. The Domesday Book recorded punishments for "foresteel," or forestalling. This was the practice of buying goods before they reached the market to inflate prices. In 1349, King Edward III passed the Statute of Labourers. This law fixed wages for workmen and required foodstuffs to be sold at reasonable prices. It also required merchants who overcharged to pay the injured party double the sum. This idea of double payments is similar to the punitive treble damages used in modern US antitrust law.

As Europe changed in the 16th century, new legal challenges emerged. The rise of overseas trade changed how businessmen operated. In England, the system of Industrial Monopoly Licenses was often abused to preserve privileges.

Elizabeth I (Armada Portrait)
Elizabeth I (Armada Portrait)

This lack of competition did not help innovation. In 1602, the famous Case of Monopolies addressed this issue. The court declared a monopoly on playing cards to be void. The judges noted that monopolies often cause price increases and quality decreases. They also noted that monopolies could lead to higher unemployment among skilled workers.

Legal scholars like Judge Coke helped shape the English common law of restraint of trade. This legal tradition became the direct predecessor to modern United States antitrust law.

Edward coke
Edward coke

The development of these laws progressed alongside new economic ideas. Adam Smith helped establish the concept of the market economy through his writing.

AdamSmith
AdamSmith

As industrialization replaced individual artisans with machine-based production, company size became more important. This led more countries to enact laws to regulate large companies that restricted trade. For example, the French Revolution led to laws in 1791 that declared price-fixing agreements unconstitutional.

Today, competition law has become an increasingly global system. The two most influential systems are United States antitrust law and European Union competition law. Because trade crosses borders, national authorities have formed international enforcement networks. The World Trade Organization (WTO) also plays a role in this landscape.

WTO members and observers
WTO members and observers

The WTO Agreement includes provisions for various cross-border competition issues. While national laws usually stay within a country's borders, they may use the "effects doctrine" to act on international activity. This ensures that the global economy remains competitive and fair for everyone.

Robert Bork
Robert Bork
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File:Edward coke.jpg
Edward coke.jpg
File:Elizabeth I (Armada Portrait).jpg
Elizabeth I (Armada Portrait).jpg
File:WTO members and observers.svg
WTO members and observers.svg
File:John-stuart-mill-sized.jpg
John-stuart-mill-sized.jpg
File:Paul Samuelson.gif
Paul Samuelson.gif
File:Robert Bork.jpg
Robert Bork.jpg
File:Monopoly-surpluses.svg
Monopoly-surpluses.svg
File:AdamSmith.jpg
AdamSmith.jpg
File:Aoltw.jpg
Aoltw.jpg
File:Senatorial Round House by Thomas Nast 1886.jpg
Senatorial Round House by Thomas Nast 1886.jpg
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