What are the differences between civil and criminal antitrust violations?

The differences between civil and criminal antitrust violations are significant in Washington. Generally speaking, civil antitrust violations are violations of the antitrust laws that don’t rise to the level of criminal offenses. These cases are heard through civil proceedings, such as by the Federal Trade Commission or private litigation. They generally result in fines or other reimbursements to injured parties, but no threat of jail time. Criminal antitrust violations, on the other hand, are violations of the antitrust laws that do rise to criminal offenses. These cases are heard in criminal proceedings, such as a criminal trial, and can result in time in prison along with criminal fines for individuals or organizations. To be found guilty of a criminal antitrust violation, the government must prove a violation beyond a reasonable doubt, which is a much higher standard of proof than the preponderance of the evidence standard that applies in civil antitrust cases. Criminal antitrust offenses can include such actions as price fixing, bid rigging, or other agreements that unreasonably restrain trade. Civil antitrust offenses can include such violations as using monopolistic practices to gain or maintain an unfair market share, predatory pricing, or attempting to monopolize a market. Overall, the differences between civil and criminal antitrust violations in Washington are clear and significant. While civil antitrust violations are typically heard in civil proceedings and result in fines or other reimbursements, criminal antitrust violations can result in time in prison and higher fines. Therefore, it is important to understand the differences when dealing with antitrust matters in Washington.

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