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Antitrust Questions & Answers
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 &...
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.
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