Los Angeles, CA asked in Antitrust, Business Law, Gov & Administrative Law and International Law for California

Q: Where do you find the threshold of antitrust being committed upon your client?

1 Lawyer Answer
James L. Arrasmith
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  • International Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Determining whether antitrust laws have been violated and if your client has been harmed by anticompetitive behavior can be a complex legal analysis that involves a careful review of the relevant facts and legal standards.

In general, antitrust laws are designed to promote and protect competition by prohibiting various forms of anticompetitive behavior, such as monopolization, price fixing, market allocation, and other practices that restrain trade and harm competition. To determine whether antitrust laws have been violated, courts will typically look at factors such as market power, the effects of the challenged conduct on competition, and whether the conduct was anticompetitive or had pro-competitive justifications.

The threshold for establishing an antitrust violation may vary depending on the specific facts and circumstances of the case, and the legal standard that applies in the relevant jurisdiction. However, in general, to establish an antitrust violation, you will need to show that there was a relevant market, that the defendant had significant market power or control over the market, and that the defendant engaged in conduct that had anticompetitive effects and was not justified by any legitimate pro-competitive justifications.

If you believe that your client has been harmed by anticompetitive behavior, it is important to consult with an experienced antitrust attorney who can analyze the specific facts of your case and help you determine whether there is a viable claim for relief under the antitrust laws.

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