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Antitrust Questions & Answers
1 Answer | Asked in Antitrust, Civil Rights and Intellectual Property for California on
Q: Can a plaintiff make a claim to obtain evidence in discoveries in an opposition?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

This is a vague question. Perhaps you're referring to a Motion to Compel Discovery? See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=2030.300.

More details are necessary to provide a professional analysis of your issue. The best first...
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1 Answer | Asked in Antitrust for California on
Q: What is a horizontal restraint?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

A horizontal restraint on trade would be an unfair business practice in certain circumstances: https://www.justia.com/trials-litigation/docs/caci/3400/3405.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with...
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1 Answer | Asked in Antitrust and Real Estate Law for Colorado on
Q: Regarding CO HOA. ANtitrust?

Local HOA seems to require that homeowners buy their storm doors from one particular reseller. Isn't that an antitrust violation? I know they can dictate color and style, maybe even brand, but can they force a homeowner to buy from a particular seller or store?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 13, 2017

It is not an antitrust matter. The HOA does not meet the requirements to be subject to antitrust laws. HOA requirements of a purchase from a particular dealer arguably have a rational basis to allow the hyper-conformity that some HOAs require (no comment on whether HOAs de facto transform home... View More

1 Answer | Asked in Antitrust for California on
Q: How do you prove that a rival company is restricting competition?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 21, 2017

There are various bases to allege unfair business practices in CA.

See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=17200

Also see: https://oag.ca.gov/antitrust

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2 Answers | Asked in Antitrust for California on
Q: My competitor is selling at below cost - is that an antitrust violation?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It depends on the facts, but based on what you're saying I see no inherent violation. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

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1 Answer | Asked in Antitrust for California on
Q: We've been told we need to move inventory in our company

- some of the sales people are making customers buy a product if they want to get another one - that's not legal, right?

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 14, 2017

Under the Sherman Antitrust Act, a "tying arrangement" — requiring a buyer to purchase a second, separate product as a condition of buying the first product — is illegal sometimes: where the seller has "sufficient market power" to "restrain competition" in the... View More

1 Answer | Asked in Insurance Bad Faith and Antitrust for Kansas on
Q: Which is the right court to file for collusion(anti-trust) lawsuit? against an insurance company...and 'self representin

I need to know the right court to file for collusion(anti-trust) lawsuit in Kansas? against an insurance company...and will be 'self representing'

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 17, 2017

Antitrust lawsuits can be based on either federal or state law. If the former, sue in federal court in Kansas (U.S. District Court for the District of Kansas). If under state law, you sue in the Kansas courts of general jurisdiction (the Kansas district courts). Pleading and proving and unlawful... View More

1 Answer | Asked in Antitrust on
Q: In the US, Antitrust bills are created and drafted by DOJ or FTC, then passed by Congress, signed by President?

Right or wrong. Why? thank you!

Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

No, the enforcement agencies typically do not draft legislation or even propose new bills, although they do make their views known. Antitrust legislation is extremely rare and originates from the Senate or House Judiciary Committees.

1 Answer | Asked in Antitrust for California on
Q: I belong to a trade association that just "strongly" suggested we use a specific vendor - is that legal?
Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

It is not "per se" illegal for a trade association to recommend vendors to its members because antitrust courts have rejected the theory that everything a trade group does is automatically an "agreement" among its (competing) members for antitrust purposes. If there is more... View More

2 Answers | Asked in Antitrust for California on
Q: What are some of the ways an arrangement with a supplier violates the antitrust laws?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 6, 2017

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More

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1 Answer | Asked in Antitrust for California on
Q: Where do I report a couple of companies that I think are engaged in fixing prices?
Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

Contact the U.S. Department of Justice, Antitrust Division, its local field office(s), or the California Attorney General's office.

1 Answer | Asked in Antitrust for Tennessee on
Q: How is Comcast not an illegal oligopoly?

Can a lawyer explain this situation for me? Comcast is refusing to allow Google Fiber access to utility lines where Comcast has a set box set up. This is slowing down the speed at which Fiber internet speeds are rolled out in Nashville tremendously. Comcast has no real competitors in the Nashville... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

Oligopolies are not illegal in the U.S. Typically, "pole attachments" are made on poles owned by the local electric or telephone companies, which Comcast does not control. For broadband Internet services, Comcast may have a monopoly, but unlawful monopolization requires a company to have... View More

1 Answer | Asked in Antitrust for California on
Q: Is there any similar case?

Hi,

I'm looking for a similar case and would be really happy if someone could help me:

A company ("A") agreed wıth another company ("B") that they("B")'ll sell the products manufactured from "A". "A" wanted to terminate... View More

Andy Chen
Andy Chen
answered on Sep 4, 2016

I don't understand all the stuff you put in your parenthetical statement. It seems that A and B entered in to a contract. A wanted B to terminate it. B agreed to do so. Because B **agreed** to the termination, it can't sue for damages. Had B refused to terminate and A breached it,... View More

1 Answer | Asked in Antitrust for Arizona on
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... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

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... View More

1 Answer | Asked in Antitrust for Florida on
Q: In Tampa Electric Co v Nashville Coal Co. (1961) was Tom Campbell Clark the judge?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2014

I would have to look it up in the law library if it was a reported case to be able to answer your question.

1 Answer | Asked in Antitrust for Alabama on
Q: What is lawyer?
Drew Barnett
Drew Barnett
answered on Nov 5, 2012

Looks like there was an error during the posting process. Repost with the information you were seeking and I'm sure you'll get some feedback. To get a precise answer, be sure to include as much detail as possible in your new post.

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