Pravo konkurencije u Sjedinjenim Američkim Državama
Competition Law in the United States of America

Author(s): Dijana Marković-Bajalović, Ivana Stanković
Subject(s): Law on Economics
Published by: Institut za uporedno pravo
Keywords: antitrust; monopoly power; monopolization; vertical restraints; horizontal restraints; merger control
Summary/Abstract: Development of antitrust law in U.S.A. was gradual and lengthy. In the course of its building up from initial standpoint of criticism of monopoly concept as a social evil, based on the Sherman Act as a criminal-legal act, up to the modern understanding of primary function of antimonopoly norms as regulators of market mechanisms, almost of identical importance were legal provisions, administrative authorities’ acts and court practice. This fact is actually the main cause of its negative characteristics – diversity and mutual entanglement of the contents of material - legal regulations. However, exactly those characteristics enabled its flexibility, adjustment and evolution and created environment in which American competition law, as concerns its quality of material- legal solutions, has significant advantage over remaining legal systems. Besides, one of the glories of the U.S. system, while also one of its challenges, is the leading role played by private enforcement (especially treble damages enforcement). The legal rules that comprise American antitrust are clearer and more reliable because they have to be. This overview shows that U.S. competition law is the product of legal evolution, informed by changes in economic understanding. The antitrust agencies play critical roles not just by filing lawsuits but also by participating in the “antitrust conversation” by filing amicus briefs, issuing guidelines, giving speeches, doing studies, and conducting hearings and workshops. That evolution continues to this day; indeed, an Antitrust Modernization Commission has been charged formally with considering whether to propose changes. The authors in their work point out to the evolution of US antitrust law, analyzing important highlights of much of substantive antitrust law.

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