{"id":372940,"date":"2016-03-31T21:35:08","date_gmt":"2016-04-01T02:35:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/idaho-antitrust-laws.html"},"modified":"2016-06-20T19:48:39","modified_gmt":"2016-06-21T00:48:39","slug":"idaho-antitrust-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/idaho-antitrust-laws.html","title":{"rendered":"Idaho Antitrust Laws"},"content":{"rendered":"\n
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Idaho 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<\/i> means a lot of things, usually positive, but in a business and commerce context a trust<\/a> is a large business entity, combination of interests, or agreement among businesses motivated by the goal of suppressing competition. While beating the competition with a better product or better fiscal management is the name of the game, actively seeking an unfair advantage is illegal under federal and state antitrust laws<\/a>. For example, Intel is a very dominant player in the microprocessor industry but it is not considered a trust because there have been no findings of illegal trust activity or collusion with other companies.<\/p>\n

When the Federal Trade Commission<\/a> (FTC) determines that a business entity is an illegal trust, the agency typically breaks it up into smaller companies. State courts generally handle antitrust cases that are more localized and don’t involve interstate commerce.<\/p>\n

Idaho Antitrust Law at a Glance<\/h2>\n

Under Idaho statute, monopolies and conspiracies among two or more entities are considered illegal activities. The state also has the authority to block acquisitions that would "substantially lessen competition." Additional details of Idaho antitrust law are listed in the following chart.<\/p>\n\n
Antitrust Code Section<\/td>\nIdaho Competition Act: 48-101, et seq.<\/td>\n<\/tr>
Prohibited Practices<\/td>\n
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  • Unreasonable restraint of trade or commerce: <\/i>A contract, combination, or conspiracy between two (2) or more persons in unreasonable restraint of Idaho commerce is unlawful.<\/li>\n
  • Monopolies: <\/i>It is unlawful to monopolize, attempt to monopolize, or combine or conspire to monopolize any line of Idaho commerce.<\/li>\n
  • Acquisitions that substantially lessen competition: <\/i>It is unlawful for a person to acquire, directly or indirectly, the whole or any part of the stock, share capital, or other equity interest or the whole or any part of the assets of, another person engaged in Idaho commerce, where the effect of such acquisition may be substantially to lessen competition or to tend to create a monopoly of any line of Idaho commerce.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Is a Private Lawsuit Possible?<\/td>\nYes; attorney general also enforces<\/td>\n<\/tr>
Time Limit to Bring Claim<\/td>\n4 yrs. or within one year after cause of action by state concludes<\/td>\n<\/tr>
Can a Successful Plaintiff Recover Attorneys’ Fees?<\/td>\nYes<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws are always subject to change at any time through the enactment of newly signed legislation or other means. You should contact an Idaho antitrust and trade regulation attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

Research the Law<\/h2>\n