Phoenix, AZ asked in Antitrust for Arizona

Q: Our supplier has forced us to stop selling to one of our top customers after one of our competitors complained about it

Our supplier (product manufacture) has forced us to stop selling to one of our top customers, losings hundreds of orders a week, thousands of dollars a week. This was a result of one of our competitors complaining that it was unfair that we had landed such a large account and they could no longer compete. Our supplier, instead of staying neutral in the situation seems to have caved under pressure to force us to stop selling to our customer. When we started selling this manufactures products in 2005 there were no stipulations as to who we could sell their products too, now the manufacture is attempting to add this stipulation to their member rules. We busted our behinds promoting these products, provided our customers with great customer service and really made a name for ourselves, so much so that we caught the eye of a top online retailer, only to be forced to stop selling to them after our competitor complained. Is this legal? Could we present an antitrust law suit aga

Related Topics:
1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
Answered
  • Antitrust Law Lawyer
  • Warrenton, VA

A: That's a difficult antitrust lawsuit to win because "vertical" restrictions by a manufacturer on its distributors or retailers are judged under a permissive "rule of reason" standard and typically believed to be procompetitive. There's an old antitrust axiom that says what matters is competition, not competitors.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.