Antitrust Questions & Answers by State

Antitrust Questions & Answers

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

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.
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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

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.
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Q: Signing an NDA a while after the meeting

1 Answer | Asked in Contracts, Copyright, Antitrust and Business Law on
Answered on Jan 4, 2018

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...
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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

You need to consult NY attorneys.
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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

No it is not lawful and you could end up with criminal consequences.
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Q: How do I report an antitrust violation?

1 Answer | Asked in Antitrust for California on
Answered on Nov 29, 2017

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...
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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

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.
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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

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...
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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

Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
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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

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....
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Q: Is it possible for buyers (rather than sellers) to be accused of price-fixing?

2 Answers | Asked in Antitrust for California on
Answered on Aug 17, 2017

Absolutely yes. Fixing the price of goods or services purchased by buyers is just as per se unlawful as price fixing among sellers.
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Q: Its it possible to hold the trustee of my father's family trust responsible for wrong & unfair distribution of property

1 Answer | Asked in Estate Planning and Antitrust for California on
Answered on Aug 15, 2017

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.
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Q: Need help finding out if my dad or grandparents had a will

1 Answer | Asked in Estate Planning, Antitrust and Probate for Oregon on
Answered on Jul 28, 2017

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.
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Q: Can I sell my products to some distributors at a lower price than others?

2 Answers | Asked in Antitrust for California on
Answered on Jul 25, 2017

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 &...
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Q: What are the factors that qualify a business as a monopoly?

2 Answers | Asked in Antitrust for California on
Answered on Jul 8, 2017

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...
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Q: Integrity interview phone permission

2 Answers | Asked in Contracts, Employment Law, Antitrust and Civil Rights for Colorado on
Answered on Jun 26, 2017

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...
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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

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.
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Q: Do antitrust laws apply to individual people or just corporations?

1 Answer | Asked in Antitrust for California on
Answered on Jun 14, 2017

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...
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Q: What some legally significant signs that might indicate a business has an unlawful monopoly in my town?

1 Answer | Asked in Antitrust for California on
Answered on May 26, 2017

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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Q: Antitrust if a large Corp was willing to restructure debt contingent on defaulting a lease of their competitor

1 Answer | Asked in Antitrust for Colorado on
Answered on May 2, 2017

It's not possible to give a solid antitrust view of this issue with the facts you supplied. Generally. a firm can act to harm competitors, by any means, if it acts alone -- unless it has monopoly power in the relevant market. Putting competitors out of business is encouraged...that's what's competition is all about. You may have a "business tort"

claim, but not an antitrust cause of actin.
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