A trust is a very large corporation, typically without any formidable competition. The federal government and individual states have enacted antitrust laws that foster competition by discouraging certain corporate mergers and other such deals. This protects consumers by ensuring lower prices, high-quality goods and services, and a healthy variety of choices.
The federal government relies primarily on three laws to regulate trusts and businesses: the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. The Sherman Act was passed to curb monopolies and anti-competitive business practices, in general, while the Clayton Act targeted specific types of unfavorable business acts. In addition, the Federal Trade Commission Act was enacted to form the Federal Trade Commission (FTC), a government agency that enforces antitrust regulations.
The state of Texas regulates business practices through the Texas Fair Enterprise & Antitrust Act of 1983. The Attorney General of Texas enforces the act by investigating and prosecuting violations, such as: price-fixing, bid-rigging, monopolies, cartels, group boycotts, and anti-competitive mergers and acquisitions. The act also gives private parties (in addition to the attorney general) the right to bring a lawsuit to enforce regulations.
Keep in mind that an antitrust lawsuit must generally be filed within four years of the violation.
Learn more about Texas antitrust laws below, including links to other matters related to antitrust and business regulation.
| Antitrust Code Section | Texas Fair Enterprise & Antitrust Act of 1983: Bus. & Com. §§15.01, et seq. |
| Is a Private Lawsuit Possible? | Yes; attorney general power to enforce |
| Time Limit to Bring Claim | 4 yrs. or 1 yr. after conclusion of action based on the same act |
| Can a Successful Plaintiff Recover Attorneys' Fees? | Yes |
Note: State laws are constantly changing -- contact a Texas antitrust attorney or conduct your own legal research to verify the state law(s) you are researching.
More Information
For additional information regarding Texas’s antitrust laws, feel free to click on the links below to access more resources. You can also learn more about the topic, in general, by taking a look at FindLaw’s article on state antitrust laws. If you’d like more specific information or individualized assistance, talk to a local antitrust attorney.
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Texas Antitrust Laws: Related Resources
