Kara Sears
Collusion is a vague term that may not be specifically used in legal language. However, conduct that may be described as collusion could potentially be subject to multiple federal laws, including statutes on foreign contributions to elections and fraud. For example, collusion could break antitrust law, which prohibits competitors from agreeing not to compete. In the EU, the European Commission enforces anti-collusion under Article 101, which sanctions agreements, decisions, and concerted practices.
| Characteristics | Values |
|---|---|
| Criminal law | Working with Russian officials could violate criminal law |
| Federal law | Collusion could break federal election law |
| EU law | Article 101 enforces anti-collusion |
| US law | Price-fixing collusion is illegal |
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What You'll Learn
Conspiracy to break federal election law
While collusion is not a specific crime, conduct that may be described as collusion could potentially be subject to multiple federal laws. For example, if Manafort shared internal polling data with Kilimnik in an effort to influence where, how or if Russian nationals spent money on U.S. election efforts, that could be a conspiracy to break federal election law.
In the EU, the European Commission enforces anti-collusion under Article 101, which sanctions "agreements, decisions, and concerted practices". In the U.S., collusion could be illegal if it involves foreign contributions to elections or fraud. For example, the DOJ's price-fixing suit against RealPage uncovered collusion among competing landlords across the United States.
Legal scholars have described collusion as a vague term that would describe "some course of conduct that is adverse to someone else’s interests", especially if it were being done in secret.
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Foreign contributions to elections
Collusion is a vague term that is not specifically used in legal language. However, conduct that may be described as collusion could potentially be subject to multiple federal laws, including statutes on foreign contributions to elections and fraud. For example, if internal polling data was shared with foreign nationals in an effort to influence where, how or if they spent money on US election efforts, that could be a conspiracy to break federal election law.
In the EU, the European Commission enforces anti-collusion under Article 101, which sanctions "agreements, decisions, and concerted practices".
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Fraud
Collusion is a vague term that may not be specifically used in legal language. However, conduct that may be described as collusion could potentially be subject to multiple federal laws, including statutes on foreign contributions to elections and fraud. For example, collusion could be a conspiracy to break federal election law. In the EU, the European Commission enforces anti-collusion under Article 101, which sanctions "agreements, decisions, and concerted practices".
Collusion in the context of fraud could refer to a situation where two or more parties work together to deceive or mislead others for financial or personal gain. This could involve making false representations, concealing material facts, or engaging in other deceptive practices.
In the context of collusion, fraud could involve a group of individuals or organisations working together to deceive others through false or misleading statements, concealment of material facts, or other deceptive practices. This could be done to gain an unfair advantage, obtain financial benefits, or cause harm to others.
For example, collusion in fraud could involve a group of companies working together to manipulate prices, engage in bid-rigging, or mislead consumers through false advertising. It could also involve individuals conspiring to commit identity theft, tax fraud, or other forms of financial deception.
The specific legal consequences of collusion in fraud would depend on the jurisdiction and the nature of the fraudulent conduct. However, fraud offences are generally considered serious crimes and can result in significant penalties, including criminal charges, fines, imprisonment, and civil liability.
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Antitrust law
Collusion is not a specific crime, but conduct that may be described as collusion could potentially be subject to multiple federal laws. For example, collusion could break federal election law and statutes on foreign contributions to elections and fraud.
In the United States, antitrust law is enforced by the Department of Justice and the Federal Trade Commission. The Sherman Act, passed in 1890, is the primary federal statute prohibiting collusion and other anticompetitive practices. The Act makes it illegal for businesses to form a "contract, combination... or conspiracy" that unreasonably restrains trade.
In the European Union, the European Commission enforces anti-collusion under Article 101, which sanctions "agreements, decisions, and concerted practices".
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Price-fixing
Collusion is not a specific crime, but conduct that may be described as collusion could potentially be subject to multiple federal laws, including statutes on foreign contributions to elections and fraud.
While price-fixing may not always be obvious, authorities do not need to prove an overt agreement between competitors to establish collusion. The prohibition on price-fixing sends a clear message to companies that they cannot ignore antitrust laws when it serves their economic self-interest.
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Frequently asked questions
No, collusion is not a specific crime. However, conduct that may be described as collusion could potentially be subject to multiple federal laws.
Collusion could break federal laws on foreign contributions to elections and fraud.
If someone shared internal polling data with a foreign national in an effort to influence where, how or if they spent money on a U.S. election, that could be a conspiracy to break federal election law.
In the EU, the European Commission enforces anti-collusion under Article 101, which sanctions "agreements, decisions, and concerted practices".
