Alabama Antitrust Laws

Consumers and companies have a slightly different view of what the best price is for a particular product. As buyers, we’re always looking for the lowest prices. And companies, while trying to be competitive with their pricing, are usually trying to charge as much as they can for their products. Ideally, this competition is open and kept above board.

But what happens if a few companies conspire to set an inflated price or unite to artificially control supply? Luckily for consumers, the Yellowhammer State has created laws designed to protect open markets and make sure pricing is competitive, transparent, and fair. This is an introduction to antitrust laws in Alabama.

Antitrust Laws

States have enacted antitrust laws in an effort to discourage collusion between companies as well as certain mergers and acquisitions that could give certain companies an unfair competitive advantage in the consumer market. While Alabama’s citizens can bring private lawsuits against companies for antitrust violations, they are barred from recovering can their attorneys' fees, even if their antitrust claims are successful.

Antitrust Law in Alabama

Antitrust laws in Alabama are highlighted in the table below. For more extensive information, you can visit FindLaw's Business Regulations section.

Antitrust Code Section

Code of Alabama 6-5-60: Trusts, Combines, or Monopolies

Is a Private Lawsuit Possible?

Yes

Time Limit to Bring Claim

Not specified

Can a Successful Plaintiff Recover Attorneys' Fees?

No

Antitrust Enforcement

While Alabama statutes protect free trade and commerce at the state level by prohibiting unfair restraints, like price fixing and monopolies, the federal government also has antitrust laws. Two federal statutes -- the Sherman Act and the Clayton Act -- assist states in prosecuting antitrust claims:

  • A state attorney general can sue on behalf of the state: if the lawsuit is successful, a court can order an injunction prohibiting the practice or ordering fines paid to the consumers to punish the unfair practice; or
  • Competing businesses or consumers themselves can file a private right of action: if the lawsuit is successful, the plaintiff can recover damages for injuries suffered as a result of the unfair practice.

Related Resources for Antitrust Laws

Trying to understand what constitutes and antitrust violation, as well as the laws that prohibit them, con be difficult. You can contact an Alabama antitrust attorney, if you would like legal assistance with an antitrust matter, or if you would like to understand the rules and regulations regarding your business. You can also visit FindLaw’s Consumer Protection and Small Business Law sections for additional articles and information on this topic.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.