Business Law Terms

Antitrust Laws: The Global Fight Against Monopoly Power

Antitrust laws were created to prevent monopolies and promote fair competition within markets. These laws originated in the late 19th century, with the United States’ Sherman Antitrust Act (1890) serving as a foundation for many other nations. The European Union later introduced similar measures under the Treaty on the Functioning of the European Union (TFEU), prohibiting businesses from abusing market dominance. Businesses that engage in anti-competitive behaviour such as price-fixing or market division face strict penalties. For example, global tech giants have been fined billions under EU antitrust rulings. This reflects the growing emphasis on maintaining transparency and accountability in business conduct.

Liability: Accountability in Business and Law

Liability is a cornerstone of global business law, ensuring individuals and corporations are held legally responsible for their actions or products. Whether it is a breach of contract or a faulty product causing harm, liability laws maintain justice and fairness in the marketplace. Internationally, liability standards vary. The European Product Liability Directive and U.S. tort law, for instance, both hold manufacturers accountable for defective products. This shared global principle highlights the importance of safety and consumer protection in trade and commerce.

Intellectual Property (IP): Protecting Creativity and Innovation

Intellectual Property rights safeguard creations of the mind; such as inventions, designs, artistic works, and brand identities. Globally, the World Intellectual Property Organization (WIPO) governs IP laws through treaties like the Berne Convention and the Paris Convention, promoting innovation while protecting creators’ rights. However, IP law is also a battleground for ethical debates. Issues like patent trolling and copyright infringement challenge the balance between open access and ownership. Therefore, IP protection must evolve with technology and globalisation to remain fair and effective.

Due Diligence: The Psychology of Smart Business Decisions

Due diligence is the process of investigating and evaluating a business or asset before a major transaction, such as a merger or acquisition. This practice ensures informed decision-making and risk mitigation. It is not just a legal requirement but also a psychological safeguard against uncertainty. Globally, due diligence requirements are expanding to include ethical and environmental concerns. The EU’s Corporate Sustainability Due Diligence Directive, for example, obliges companies to examine human rights and environmental impacts within their supply chains including merging law, ethics, and psychology into responsible business conduct.

Compliance: Aligning Business with Law and Ethics

Compliance ensures that organisations follow laws, regulations, and internal standards. It is essential for maintaining legitimacy, reputation, and long-term sustainability. A company that fails to comply risks legal penalties, financial loss, and damage to public trust. Globally, frameworks like ISO 37001 (anti-bribery management) and GDPR (data protection) guide corporations in staying transparent and accountable. Modern compliance goes beyond box-ticking; it’s about fostering values that sustain both ethical and legal business success.