What is the difference between an antitrust violation and a breach of contract?
Antitrust law and breach of contract are two different legal issues. Antitrust violations involve illegal agreements or activities between rival companies which affect competition, and are regulated by both the federal and state governments. Examples of antitrust violations include price fixing, creating a monopoly, or engaging in bid rigging. On the other hand, a breach of contract is when one party fails to fulfill the terms and conditions of a contract. It can happen between two individuals or two businesses, and the contract must be valid and enforceable in order for a breach of contract to be considered a legal issue. North Carolina follows both federal and state laws in regards to antitrust violations and breach of contract. The state has adopted two key antitrust laws: the North Carolina Unfair and Deceptive Trade Practices Act and the North Carolina Antitrust Act. Under these laws, companies may be fined and possibly forced to surrender profits or assets if they are found to be violating antitrust laws. For a breach of contract, the non-breaching party can seek money damages or specific performance of the contract. If the breach of contract is found to be material or severe, the non-breaching party may be able to seek an injunction to prevent the breaching party from performing actions in breach of the contract. In North Carolina, the remedies for breach of contract are determined by the particular facts of the case and state law.
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