What sanctions are available under the antitrust laws?
Together the Sherman Act, Clayton Act, and FTC Act allow for four legal sanctions:
- Injunctions of Activity – Injunctions order a party not to violate or continue violating antitrust provisions. These can be administrative or judicial.
- Treble (triple) Damages – Plaintiffs may recover civil damages suffered as a result of a violation of the antitrust laws. Section 4 of the Clayton Act authorizes victims in a civil action (private parties or the US Government) to collect three times the damages they have suffered, plus court costs and reasonable attorneys fees.
- Criminal Fines and Imprisonment (felonies) – Individuals fined up to $1 million and 10 years in prison. Corporations may be fined up to $100 million per offense.
- Nolo Contendere – Defendants will often plead nolo contendere in a criminal action and focus on defending the civil action case. The reason is that a criminal conviction is largely conclusive in proving violation in the civil court. A nolo contendere plea avoids this scenario.
The FTC, DOJ, state governments, and private parties may bring actions to enforce antitrust laws and may seek any combination of the above sanctions.