What is the difference between an antitrust violation and a breach of contract?

Antitrust law is used to regulate markets and protect consumers from unfair business practices. In South Dakota, antitrust laws are enforced by the Office of the Attorney General. The primary difference between an antitrust violation and a breach of contract is the focus. A breach of contract occurs when one or more parties involved in an agreement fails to follow the promises made under that agreement. An antitrust violation, on the other hand, focuses on the overall effect a particular business practice has on the market as a whole, even if all parties involved are following the terms of their agreements. For example, a company may be in compliance with the terms of its agreements with suppliers, yet still violate antitrust laws by engaging in an anti-competitive practice such as price-fixing. Likewise, a company may fulfill its contractual obligations without running afoul of antitrust laws. In summary, a breach of contract involves one or more parties not fulfilling their obligations as outlined in a contract, while an antitrust violation is concerned with a business practice that may be detrimental to the market as a whole, regardless of the terms of any contracts.

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