Antitrust, UCL and Privacy

Competition: Fall 2014, Vol. 23, No. 2

RECOVERIES FOR VIOLATIONS OF FEDERAL AND CALIFORNIA ANTITRUST STATUTES SHOULD NOT BE APPORTIONED

By Steve Williams and Elizabeth Tran1

There is increased cartel behavior today, affecting more businesses and people, than at any time since the enactment of state antitrust laws and the Sherman Act. Private enforcement of the antitrust laws was established to protect the economy from collusion. It was for this reason that quasi-criminal fines were included as remedies available to private plaintiffs, such as double — and then treble — damages as well as attorneys’ fees and costs.

The Sherman Act has been called a "charter of freedom"2 and the "Magna Carta of free enterprise"3 and described as a

Congress passed the Sherman Act to protect consumers from inflated prices, foster free competition in the marketplace, and encourage efficient behavior by firms.5

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