Jun 4, 2025

Clayton Act

The Clayton Antitrust Act Explained

The Clayton Antitrust Act, enacted in 1914, is a key piece of United States antitrust law. It was designed to promote fair competition and prevent anticompetitive practices in their incipiency, supplementing the Sherman Antitrust Act of 1890.

Background and Purpose

By the early 20th century, the Sherman Act had proven insufficient to curb certain monopolistic behaviors. The Clayton Act was introduced to address specific practices that the Sherman Act did not clearly prohibit, such as price discrimination, exclusive dealing contracts, tying agreements, and mergers and acquisitions that substantially lessen competition.

Main Provisions of the Clayton Act

What did the Clayton Act do?

The Clayton Act specifically targeted four practices: price discrimination between different purchasers if it lessens competition; exclusive dealing and tying arrangements; mergers and acquisitions that may substantially lessen competition; and interlocking directorates, where the same person makes business decisions for competing companies. The Act also allowed private parties to sue for triple damages when harmed by conduct that violates either the Sherman or Clayton Act.

What is illegal under the Clayton Act?

Under the Clayton Act, it is illegal to engage in price discrimination that harms competition, enter into exclusive dealing or tying arrangements that may substantially lessen competition, participate in mergers or acquisitions that could reduce market competition, and have the same individual serve as a director or officer in competing corporations (interlocking directorates). These provisions are designed to prevent anticompetitive practices before they develop into full-fledged monopolies.

Relationship to Other Antitrust Laws

What is the difference between the Sherman Act and the Clayton Act?

The Sherman Act was the first federal law to outlaw monopolistic business practices, but it was broad and sometimes vague. The Clayton Act was enacted to clarify and strengthen antitrust laws by specifying particular prohibited conduct, such as certain types of price discrimination and exclusive contracts. While the Sherman Act focuses on outright restraints of trade and monopolization, the Clayton Act addresses practices that could lead to anticompetitive effects before they result in monopolies.

Enforcement and Impact

What is the claim of the Clayton Act?

The Clayton Act allows individuals and companies harmed by anticompetitive practices to bring civil lawsuits for damages. It also empowers the federal government to seek injunctions against prohibited conduct. The Act has played a significant role in shaping modern antitrust enforcement and protecting competitive markets in the United States.

Overall, the Clayton Antitrust Act remains a cornerstone of U.S. competition law, working alongside the Sherman Act and the Federal Trade Commission Act to maintain fair and open markets.

Clayton Act