Antitrust Questions & Answers by State

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Antitrust Questions & Answers

Q: Can a plaintiff make a claim to obtain evidence in discoveries in an opposition?

1 Answer | Asked in Antitrust, Civil Rights, Intellectual Property and White Collar Crime for California on
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 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 CA,...
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Q: What is a horizontal restraint?

1 Answer | Asked in Antitrust for California on
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 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 CA, NY, MA, and DC in the...
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Q: Regarding CO HOA. ANtitrust?

1 Answer | Asked in Antitrust and Real Estate Law for Colorado on
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 ownership into rentals via hyper-restrictive rules). Colorado is very lax is allowing HOAs to have the ability to micromanage property owners exterior appearances. While there a limits (most related to...
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Q: How do you prove that a rival company is restricting competition?

1 Answer | Asked in Antitrust for California on
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

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...
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Q: Which is the right court to file for collusion(anti-trust) lawsuit? against an insurance company...and 'self representin

1 Answer | Asked in Insurance Bad Faith and Antitrust for Kansas on
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 antitrust conspiracy, which is the legal term for horizontal collusion, is tricky, so your job in representing yourself pro se will be very, very difficult.
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Q: What are some of the ways an arrangement with a supplier violates the antitrust laws?

2 Answers | Asked in Antitrust for California on
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 CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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Q: My competitor is selling at below cost - is that an antitrust violation?

2 Answers | Asked in Antitrust for California on
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 practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...
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Q: We've been told we need to move inventory in our company

1 Answer | Asked in Antitrust for California on
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 market for the second product. THAT is what is known as a "qualified per se" rule, not illegal automatically but rather depending on the factual circumstances and market impact.
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Q: Our supplier has forced us to stop selling to one of our top customers after one of our competitors complained about it

1 Answer | Asked in Antitrust for Arizona on
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 what matters is competition, not competitors.
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Q: How is Comcast not an illegal oligopoly?

1 Answer | Asked in Antitrust for Tennessee on
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 gained its position by exclusionary practices; Google is building its fiber business without relying on interconnection to the Comcast network.
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Q: Where do I report a couple of companies that I think are engaged in fixing prices?

1 Answer | Asked in Antitrust for California on
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.
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Q: I belong to a trade association that just "strongly" suggested we use a specific vendor - is that legal?

1 Answer | Asked in Antitrust for California on
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 evidence that the trade group conspired with one or more members to favor this vendor over others, and if that harmed overall market competition or amounted to a "group boycott," there is potential Section 1 liability.
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Q: In the US, Antitrust bills are created and drafted by DOJ or FTC, then passed by Congress, signed by President?

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

1 Answer | Asked in Antitrust for California on
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, that'd be a different situation.
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Q: I relocated because a friend of a friend promised me a rental property. Now they are no where to be found.

1 Answer | Asked in Contracts, Antitrust, Land Use & Zoning and Sexual Harassment for North Carolina on
Answered on Aug 2, 2016

Leases for less than three years do not have to be in writing to be valid in North Carolina. However, since she specifically stated that she was not giving you a lease yet, it would likely be hard to prove you had a lease. There are many properties to rent in Charlotte, so its harder to show damages from the failure to follow through with the promise. Also, were you really relocating based solely on the rental of this property? I think that is unlikely, so you probably would've moved to...
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Q: In Tampa Electric Co v Nashville Coal Co. (1961) was Tom Campbell Clark the judge?

1 Answer | Asked in Antitrust for Florida on
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.

Q: What is lawyer?

1 Answer | Asked in Antitrust for Alabama on
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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