Anti Trust Laws

Florida Antitrust Laws are important for c-store and gas station operators to understand. The premise behind the law is that entities do not collude on pricing their products.

The goal of antitrust laws is to protect free trade and commerce from unfair restraints, such as monopolies and price fixing. There are two federal laws —the Sherman Act and the Clayton Act — assist states in antitrust cases. Most antitrust statutes are enforced in two ways:

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

Florida Statute 542 states: The Legislature declares it to be the purpose of this act to complement the body of federal law prohibiting restraints of trade or commerce in order to foster effective competition. It is the intent of the Legislature that this act be liberally construed to accomplish its beneficial purpose.