State Antitrust Laws

Many states have antitrust laws that are similar to federal antitrust laws and allow private parties to pursue litigation against companies engaging in anticompetitive behavior.

While state and federal antitrust laws are conceptually similar, the codification of state antitrust laws varies widely from state to state. For example, some state antitrust laws, substantially track the language of their federal counterparts, whereas other states only incorporate select sections of federal antitrust laws, recite specific types of prohibited acts, or include new areas of substance entirely.

In many cases, state antitrust laws are more expansive than the federal antitrust laws in terms of the amount and quality of prohibited conduct. The interpretation of state antitrust laws may, but will not always, substantially mirror the federal antitrust laws.

State Antitrust Law Examples

California Cartwright Act
The Cartwright Act is the primary antitrust law in California, prohibiting a variety of anti-competitive actions by companies operating in California.

California Unfair Practices Act
The California Unfair Competition Law prohibits illegal price discrimination in California. The Act allows private parties to pursue litigation against companies illegally discriminating in price.

New York Donnelly Act
The Donnelly Act is the primary antitrust law in New York and mirrors the Sherman Act.