What is a Horizontal Scheme? Legal Insights and Implications

Definition & Meaning

A horizontal scheme refers to an agreement between businesses that operate at the same level within a market, typically competitors. These agreements can take various forms, such as collaboration on marketing strategies or sharing resources. However, horizontal schemes can violate antitrust laws, particularly if they involve price-fixing or other actions that restrict free trade.

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Real-world examples

Here are a couple of examples of abatement:

One example of a horizontal scheme is when two competing coffee shops agree to set the same price for their beverages to avoid competing on price (hypothetical example). Another example could be two manufacturers collaborating to reduce production costs by sharing technology, which could also raise antitrust concerns if it limits competition.

Comparison with related terms

Term Definition Key Differences
Vertical Scheme An agreement between businesses at different levels of the supply chain. Involves different market levels rather than direct competitors.
Price-Fixing An agreement between competitors to set prices at a certain level. Price-fixing is a specific type of horizontal scheme.

What to do if this term applies to you

If you are involved in a business agreement that may be considered a horizontal scheme, it is crucial to evaluate the potential legal implications. You can explore US Legal Forms for templates that can help you draft compliant agreements. However, if the situation is complex, seeking advice from a legal professional is recommended to ensure compliance with antitrust laws.

Quick facts

  • Typical fees: Varies based on legal counsel.
  • Jurisdiction: Federal and state antitrust laws apply.
  • Possible penalties: Fines, damages, and injunctions against the business.

Key takeaways

Frequently asked questions

A horizontal scheme is an agreement between competitors at the same level in the market, which can raise antitrust concerns.