RTA 332 Lecture Notes - Lecture 2: Treble Damages, Curt Flood, Minor League Baseball
Document Summary
Restraint of trade - action that interferes with free competition in the marketplace. Antitrust/anticompetitive laws are supposed to promote and protect competition. Not intended to punish big companies on account of size or success. Intended to promote market economics and healthy competition in every market. Overriding objective of laws - every market should have robust competition, each seller obliged to offer goods and services on attractive turns, naturally find best seller. Monopolies stifle innovation, development, also increase prices. Courts in us award treble damages for violators. Right to work at a trade or profession without being unjustly excluded from it. Any restraint which destroys an ability to earn financial remuneration, directly or indirectly, is a restraint of trade. To show restraint of trade is unreasonable, 3 things must be shown: activity is a form of trade, one"s ability to earn a livelihood from that trade is restricted , restriction is unreasonable.
