Antitrust Questions & Answers by State

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Antitrust Questions & Answers

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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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

1 Answer | Asked in Contracts, Criminal Law and Antitrust for Colorado on
Answered on Apr 27, 2017

It depends on the nature of the two parties classification on the rental agreement. Review the rental agreement for details.
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Q: I'm pretty sure two businesses in my city have an agreement that keeps them restricted to specific areas of town and

1 Answer | Asked in Antitrust for California on
Answered on Apr 12, 2017

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...
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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

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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