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Antitrust Questions & Answers
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 &...
Q: Antitrust if a large Corp was willing to restructure debt contingent on defaulting a lease of their competitor
Glenn B. Manishin's answer
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.
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.
Q: If two names are on a contract for a storage unit dont both party's have to be present in order to make any changes
Tristan Kenyon Schultz's answer
It depends on the nature of the two parties classification on the rental agreement. Review the rental agreement for details.
It depends on the nature of the two parties classification on the rental agreement. Review the rental agreement for details.
Q: I'm pretty sure two businesses in my city have an agreement that keeps them restricted to specific areas of town and
Ali Ebrahimzadeh, Esq.'s answer
Are you a competing business? That may qualify as an unfair business practice. See: http://www.aeesq.com/business-law/business-lawsuits/
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...
Are you a competing business? That may qualify as an unfair business practice. See: http://www.aeesq.com/business-law/business-lawsuits/
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...
Q: Can a plaintiff make a claim to obtain evidence in discoveries in an opposition?
1 Answer
| Asked
in
Antitrust, Civil Rights and Intellectual Property
for
California
on
Answered on Mar 27, 2017
Answered on Mar 27, 2017
Ali Ebrahimzadeh, Esq.'s answer
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,...
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,...
Q: What is a horizontal restraint?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: Regarding CO HOA. ANtitrust?
Tristan Kenyon Schultz's answer
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...
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...
Q: How do you prove that a rival company is restricting competition?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: Which is the right court to file for collusion(anti-trust) lawsuit? against an insurance company...and 'self representin
Glenn B. Manishin's answer
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.
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.
Q: What are some of the ways an arrangement with a supplier violates the antitrust laws?
Ali Ebrahimzadeh, Esq.'s answer
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,...
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,...
Q: My competitor is selling at below cost - is that an antitrust violation?
Ali Ebrahimzadeh, Esq.'s answer
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...
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...
Q: We've been told we need to move inventory in our company
Glenn B. Manishin's answer
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.
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.
Q: Our supplier has forced us to stop selling to one of our top customers after one of our competitors complained about it
Glenn B. Manishin's answer
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.
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.
Q: How is Comcast not an illegal oligopoly?
Glenn B. Manishin's answer
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.
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.
Q: Where do I report a couple of companies that I think are engaged in fixing prices?
Glenn B. Manishin's answer
Contact the U.S. Department of Justice, Antitrust Division, its local field office(s), or the California Attorney General's office.
Contact the U.S. Department of Justice, Antitrust Division, its local field office(s), or the California Attorney General's office.
Q: I belong to a trade association that just "strongly" suggested we use a specific vendor - is that legal?
Glenn B. Manishin's answer
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.
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.
Q: In the US, Antitrust bills are created and drafted by DOJ or FTC, then passed by Congress, signed by President?
Glenn B. Manishin's answer
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.
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.
Q: Is there any similar case?
Andy Chen's answer
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.
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.
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
Answered on Aug 2, 2016
Paige Kurtz's answer
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...
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...
Q: In Tampa Electric Co v Nashville Coal Co. (1961) was Tom Campbell Clark the judge?
Robert Jason De Groot's answer
I would have to look it up in the law library if it was a reported case to be able to answer your question.
I would have to look it up in the law library if it was a reported case to be able to answer your question.
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