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Antitrust Questions & Answers
Q: I am a realtor and I have an anti-trust law question.
Lucas Wynne's answer
To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not sound like the other agent participated in any form of collusion, price fixing, etc. Instead, it sounds like you had potential buyers who did not sign any contract with you that then found a house...
To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not sound like the other agent participated in any form of collusion, price fixing, etc. Instead, it sounds like you had potential buyers who did not sign any contract with you that then found a house...
Q: Can a sign shop owner who has classes have T&C that keep participants from opening up a sign shop in a 200 mile radius?
1 Answer
| Asked
in
Antitrust, Land Use & Zoning, Business Law and Consumer Law
for
Florida
on
Answered on Feb 1, 2018
Answered on Feb 1, 2018
Andy Wayne Williamson's answer
Short answer, I don't think so, but it doesn't mean that the sign shop owner cannot try. Typically agreements like you describe are apart of an employment agreement and are referred to as a non compete agreement.
I suggest that a consult with an attorney in your area may be appropriate to make sure any documents ect are viewed by the attorney and then specific advice given.
Short answer, I don't think so, but it doesn't mean that the sign shop owner cannot try. Typically agreements like you describe are apart of an employment agreement and are referred to as a non compete agreement.
I suggest that a consult with an attorney in your area may be appropriate to make sure any documents ect are viewed by the attorney and then specific advice given.
Q: My husband moved out of state we are still married can he take our kids and move against my will?
1 Answer
| Asked
in
Family Law, Antitrust, Child Custody and Civil Rights
for
Illinois
on
Answered on Jan 29, 2018
Answered on Jan 29, 2018
James G. Ahlberg's answer
Unless a court order exists which determines custody between you and your husband, each of you has the same rights to the children. Neither one of you needs the permission of the other to move with the children unless a court order establishing the rights between you exists or depriving one of you of your parental rights.
Unless a court order exists which determines custody between you and your husband, each of you has the same rights to the children. Neither one of you needs the permission of the other to move with the children unless a court order establishing the rights between you exists or depriving one of you of your parental rights.
Q: Signing an NDA a while after the meeting
Will Blackton's answer
This depends on state law and a number of other factors. Without knowing what state you're in nor the circumstances of your situation, an attorney is not going to be able to offer you legal advice.
For example, in North Carolina and in most states, if an agreement lacks consideration, it's unenforceable. So, if an employer asks an employee to sign a non-compete agreement out of the blue, after that employee has already been working for the employer for several years, and the employer...
This depends on state law and a number of other factors. Without knowing what state you're in nor the circumstances of your situation, an attorney is not going to be able to offer you legal advice.
For example, in North Carolina and in most states, if an agreement lacks consideration, it's unenforceable. So, if an employer asks an employee to sign a non-compete agreement out of the blue, after that employee has already been working for the employer for several years, and the employer...
Q: I had Finance the car through Santander Consumer USA on 8/28/15 but they reported it for8/16/15 is that legal
1 Answer
| Asked
in
Consumer Law, Contracts, Antitrust and White Collar Crime
for
California
on
Answered on Jan 3, 2018
Answered on Jan 3, 2018
Q: Circumventing exclusive distribution agreement - to sell into territory of an exclusive distributor
1 Answer
| Asked
in
Business Law, Consumer Law, Contracts and Antitrust
for
New Jersey
on
Answered on Dec 7, 2017
Answered on Dec 7, 2017
Q: How do I report an antitrust violation?
Daniel Low's answer
You can report the violation to the U.S. Department of Justice, Antitrust Division at https://www.justice.gov/atr/report-violations. Or the California Attorney General's Office at https://oag.ca.gov/consumers. If possible, I would recommend discussing the issue with a lawyer before you report it. Many lawyers on this site offer free initial consultations, and can advise you on the best way to present the issue to the authorities, and protect any interests you may have that may be implicated...
You can report the violation to the U.S. Department of Justice, Antitrust Division at https://www.justice.gov/atr/report-violations. Or the California Attorney General's Office at https://oag.ca.gov/consumers. If possible, I would recommend discussing the issue with a lawyer before you report it. Many lawyers on this site offer free initial consultations, and can advise you on the best way to present the issue to the authorities, and protect any interests you may have that may be implicated...
Q: I'm lost two dad's and I am told my first dad had my name on will and trust and my mom and Attorney won't show me?
1 Answer
| Asked
in
Family Law, Antitrust, Civil Litigation and Probate
for
California
on
Answered on Nov 3, 2017
Answered on Nov 3, 2017
David Keith Hicks' answer
The language identifying a beneficiary to a bank account or life insurance policy takes precedence over any contrary language in a will or a trust.
The language identifying a beneficiary to a bank account or life insurance policy takes precedence over any contrary language in a will or a trust.
Q: My Husband of 18 years passed away. In the Will it stated I am to live in our home until my death but in next paragraph
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Antitrust
for
Georgia
on
Answered on Oct 12, 2017
Answered on Oct 12, 2017
John W. Chambers Jr's answer
I recommend that you immediately retain the services of a probate attorney to obtain legal advice about this matter. A probate attorney can advise you of your rights after reviewing the pertinent documents and facts related to your particular situation. In Georgia, a surviving spouse may be entitled to have some or all of her spouse's estate set aside as what is referred to as "year's support." This response is not intended to give legal advice, but only general information, and there is no...
I recommend that you immediately retain the services of a probate attorney to obtain legal advice about this matter. A probate attorney can advise you of your rights after reviewing the pertinent documents and facts related to your particular situation. In Georgia, a surviving spouse may be entitled to have some or all of her spouse's estate set aside as what is referred to as "year's support." This response is not intended to give legal advice, but only general information, and there is no...
Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."
1 Answer
| Asked
in
Copyright, Antitrust, Business Law and Intellectual Property
for
Ohio
on
Answered on Oct 7, 2017
Answered on Oct 7, 2017
Benton R Patterson III's answer
Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
Q: Is there a time limit on sueing family for forging my signature on stock and can I sue the lawyer that was in charge
1 Answer
| Asked
in
Family Law, Antitrust, Legal Malpractice and Securities Law
for
California
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
William John Light's answer
You need to talk to a Probate Attorney to find out the timelines necessary to bring this type of claim. As I understand it, the claim would be on behalf of your father's estate against your aunt. There is a 3 year statute of limitations on fraud (Code of Civil Procedure section 338(d)), but it does not begin to run until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Sun'n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701 [148 Cal.Rptr....
You need to talk to a Probate Attorney to find out the timelines necessary to bring this type of claim. As I understand it, the claim would be on behalf of your father's estate against your aunt. There is a 3 year statute of limitations on fraud (Code of Civil Procedure section 338(d)), but it does not begin to run until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Sun'n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701 [148 Cal.Rptr....
Q: Is it possible for buyers (rather than sellers) to be accused of price-fixing?
Glenn B. Manishin's answer
Absolutely yes. Fixing the price of goods or services purchased by buyers is just as per se unlawful as price fixing among sellers.
Absolutely yes. Fixing the price of goods or services purchased by buyers is just as per se unlawful as price fixing among sellers.
Q: Its it possible to hold the trustee of my father's family trust responsible for wrong & unfair distribution of property
Sally Bergman's answer
California law imposes a duty of loyalty upon the trustee, who must administer the trust solely for the interest of the beneficiaries and avoid acting in ways that benefit the trustee at the expense of the beneficiaries. You would need to speak to an estate planning attorney to determine the appropriate course of action.
California law imposes a duty of loyalty upon the trustee, who must administer the trust solely for the interest of the beneficiaries and avoid acting in ways that benefit the trustee at the expense of the beneficiaries. You would need to speak to an estate planning attorney to determine the appropriate course of action.
Q: Need help finding out if my dad or grandparents had a will
Vincent J. Bernabei's answer
First, you may want to check the county court's records to see if an estate was ever opened for either person. If so, and if there was a will, the court will have it and you can get a copy. If estate proceedings were not filed, then a will search usually begins with a search of the deceased person's personal effects and belongings and bank safe deposit box, if any. You'll need legal assistance for the latter.
First, you may want to check the county court's records to see if an estate was ever opened for either person. If so, and if there was a will, the court will have it and you can get a copy. If estate proceedings were not filed, then a will search usually begins with a search of the deceased person's personal effects and belongings and bank safe deposit box, if any. You'll need legal assistance for the latter.
Q: Can I sell my products to some distributors at a lower price than others?
Ali Ebrahimzadeh, Esq.'s answer
Typically, yes, but it depends on how you're setting these prices. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
Typically, yes, but it depends on how you're setting these prices. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
Q: What are the factors that qualify a business as a monopoly?
Ali Ebrahimzadeh, Esq.'s answer
An illegal monopoly differs from a monopoly. Very generally speaking, one must prove the illegal monopoly has implemented some sort of unfair business practice, and it possesses roughly 90%+ of the market share. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
An illegal monopoly differs from a monopoly. Very generally speaking, one must prove the illegal monopoly has implemented some sort of unfair business practice, and it possesses roughly 90%+ of the market share. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
Q: Integrity interview phone permission
2 Answers
| Asked
in
Contracts, Employment Law, Antitrust and Civil Rights
for
Colorado
on
Answered on Jun 26, 2017
Answered on Jun 26, 2017
V. Jonas Urba's answer
You should ask a Colorado attorney that question. Have you traveled to Canada lately? Customs can go through anything, everything, whatever they want. They can read all your correspondence. If customs agents can do that don't you think police will do that even if you were already an officer, already on the job, and using your own private phone? For example, you may have sent a text while driving, a civilian saw you texting at, for example 3:15 PM and called your supervisor, and now your...
You should ask a Colorado attorney that question. Have you traveled to Canada lately? Customs can go through anything, everything, whatever they want. They can read all your correspondence. If customs agents can do that don't you think police will do that even if you were already an officer, already on the job, and using your own private phone? For example, you may have sent a text while driving, a civilian saw you texting at, for example 3:15 PM and called your supervisor, and now your...
Q: will says my mother gets the house and it's to stay in family mom and uncle refuse to sell me house but want sold
1 Answer
| Asked
in
Estate Planning, Family Law, Real Estate Law and Antitrust
for
Alaska
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Terrence H Thorgaard's answer
You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.
You have failed to indicate what, if any, claim you have to the house. If the will was probated, and the house conveyed to your mother and uncle, you have no right to force them to sell it to you.
Q: Do antitrust laws apply to individual people or just corporations?
Ali Ebrahimzadeh, Esq.'s answer
They apply to a business, regardless of the form of the business entity. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
They apply to a business, regardless of the form of the business entity. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Q: What some legally significant signs that might indicate a business has an unlawful monopoly in my town?
Ali Ebrahimzadeh, Esq.'s answer
There are many types of unfair business practices that would make a monopoly illegal. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
There are many types of unfair business practices that would make a monopoly illegal. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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