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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§ionNum=2030.300.
More details are necessary to provide a professional analysis of your issue. The best first... View More
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... View More
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?
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
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§ionNum=17200
Also see: https://oag.ca.gov/antitrust
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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
- some of the sales people are making customers buy a product if they want to get another one - that's not legal, right?
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
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'
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
Right or wrong. Why? thank you!
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.
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
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
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.
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
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
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
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
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
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
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.
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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