What are the consequences of an antitrust violation?

The consequences of an antitrust violation in Mississippi can vary widely depending on the nature of the violation. Generally, however, businesses or individuals found to have violated antitrust law can face civil penalties, criminal prosecution, or both. In civil antitrust cases, the Federal Trade Commission (FTC) or the Department of Justice (DOJ) can bring charges against a business or individual for anti-competitive practices such as monopolization, price-fixing, or conspiracy to restrain trade. If the FTC or DOJ is successful in proving antitrust violations, a court can impose civil penalties such as ordering the party responsible for the violation to pay for the losses incurred by the other party(ies), ordering the violator to pay an amount up to three times the amount of their actual damages, or ordering the violator to cease the illegal practice. In criminal antitrust cases, an individual or company can be subject to indictment. If convicted of a criminal antitrust violation, an individual can face fines of up to $100 million and/or up to 10 years in prison. Businesses can face fines of up to $1 billion per violation. In addition, criminal antitrust violations can lead to the imposition of organizational probation, which involves court-ordered monitoring of a business and the implementation of changes to ensure future compliance with antitrust laws. In either a civil or a criminal case, an antitrust violator can also be subject to injunctive relief, which involves the court ordering the violator to stop all of the illegal activities, as well as to take specific steps to prevent future violations. Injunctive relief, then, not only serves to punish the violator, but also helps to prevent future violations.

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What are the consequences of an antitrust violation?

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