{"id":371633,"date":"2016-03-31T21:34:25","date_gmt":"2016-04-01T02:34:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/arkansas-antitrust-laws.html"},"modified":"2016-06-20T19:48:39","modified_gmt":"2016-06-21T00:48:39","slug":"arkansas-antitrust-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/arkansas-antitrust-laws.html","title":{"rendered":"Arkansas Antitrust Laws"},"content":{"rendered":"\n
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Arkansas Antitrust Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The word "trust" means many things. In the context of business, a trust<\/a> is a very large organization (such as a corporation or combination of entities) created or motivated by eliminating the competition. Many industries are defined by just a few large players (such as Google), but illegal trusts are those actively seeking to crush the competition and secure an unfair advantage. Federal and state antitrust laws<\/a> establish guidelines to help prevent the formation of trusts or break them up if necessary.<\/p>\n

Because most trusts tend to be national or multinational in scope, they typically are handled through federal regulation (via the Federal Trade Commission<\/a>, or FTC). State courts usually handle antitrust cases that are more localized and don’t involve interstate commerce.<\/p>\n

Arkansas Antitrust Law: Overview<\/h2>\n

The Arkansas code prohibits any kind of monopoly, while also addressing price fixing, quantity fixing, or driving out competition in general. Additional details of Arkansas antitrust law are listed in the following chart.<\/p>\n\n
Antitrust Code Section<\/td>\n4-75-301, et seq. (4-75-304, 4-75-312, and 4-75-314 were repealed by Act 2003 No. 1172 \u00a73)<\/td>\n<\/tr>
Is a Private Lawsuit Possible?<\/td>\nNo prerequisite; it is the duty of the attorney general to enforce the status 4-75-307<\/td>\n<\/tr>
Time Limit to Bring Claim<\/td>\n5 yrs., 4-75-322(1)<\/td>\n<\/tr>
Can a Successful Plaintiff Recover Attorneys’ Fees?<\/td>\nAttorney general receives costs + attnys fees Act 1172 of 2003 \u00a71<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws are not etched in stone and may change at any time, usually through the enactment of new statutes but also through higher court decisions and other means. Be sure to contact an Arkansas antitrust attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

Basics of Federal Antitrust Law<\/h2>\n

The Sherman Act, Clayton Act, and Federal Trade Commission Act are used by the FTC to keep corporations in check and discourage the formation of trusts. The Sherman Act outlaws "every contract, combination, or conspiracy in restraint of trade," while the Clayton Act provides a little more clarity that was lacking in the Sherman Act. The FTC Act is a larger "umbrella" act that encompasses the other two. See the Federal Trade Commission’s Guide to Antitrust Laws<\/a> to learn more.<\/p>\n

Research the Law<\/h2>\n