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California Antitrust Questions & Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Antitrust for California on

Q: Is a clone a human and would homicide be illegal

What if I could prove there were clones surrounding me 200,000 through a diabetes test

Rhonda Mae Hixon answered on May 16, 2019

A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human.

2 Answers | Asked in Employment Law, Antitrust, Appeals / Appellate Law and Banking for California on

Q: Wells Fargo seeking to hire seven new lawyers

Bruce Alexander Minnick answered on May 6, 2019

This is not a Wells Fargo cafeteria job board. This a professional blog where experienced lawyers answer general legal questions from the public about many different situations, such as whether they can sue there bank for intentional fraud and other crimes committed in the name of making more... Read more »

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1 Answer | Asked in Antitrust, Business Law, Constitutional Law and Gov & Administrative Law for California on

Q: If a government agency causes a company to go bankrupt because of an agency decision that breaks the law...

If a government agency causes or partially is the cause for a private company to go bankrupt because of an agency decision that breaks the law or is due to malfeasance by a public official, what recourse does the business have against the government agency or the official?

Thomas A. Grossman answered on Jan 2, 2019

It depends on the circumstances. Despite what we would like to believe, most government agencies are not perfect because they are staffed by government workers who sometimes don't care about their jobs. I have run into this problem many times, and there us no way to win once the agency makes it's... Read more »

1 Answer | Asked in Antitrust for California on

Q: What's the best way for consumers to report potential price-fixing schemes?

T. J. Jesky answered on Sep 25, 2018

Price fixing takes place when competitors enter into an agreement to set prices of goods, at the expense of their customers and the free trading market. If you identify a price fixing scheme, you have the ability to take action against the price fixers. If you believe the price fixers are... Read more »

1 Answer | Asked in Consumer Law, Contracts, Antitrust and White Collar Crime for California on

Q: I had Finance the car through Santander Consumer USA on 8/28/15 but they reported it for8/16/15 is that legal

They also were supposed to send me a copy of my contract which I had never received they had sent me a $1,400 bill a week after I finance the car and then they repossessed my car 4 days after a late payment and sold it without my knowledge I also never received any of my personal belongings from... Read more »

William John Light answered on Jan 3, 2018

You need to consult NY attorneys.

1 Answer | Asked in Antitrust for California on

Q: How do I report an antitrust violation?

Daniel Low 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.... Read more »

2 Answers | Asked in Antitrust for California on

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

Glenn B. Manishin 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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2 Answers | Asked in Antitrust for California on

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

Ali Shahrestani, Esq. 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,... Read more »

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2 Answers | Asked in Antitrust for California on

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

Ali Shahrestani, Esq. 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... Read more »

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1 Answer | Asked in Antitrust for California on

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

Ali Shahrestani, Esq. 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... Read more »

1 Answer | Asked in Antitrust for California on

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

Ali Shahrestani, Esq. 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,... Read more »

1 Answer | Asked in Antitrust for California on

Q: I'm pretty sure two businesses in my city have an agreement that keeps them restricted to specific areas of town and

they're the only two business that provide a specific service. Is that a monopoly and, if so, isn't that illegal?

Ali Shahrestani, Esq. 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...
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1 Answer | Asked in Antitrust, Civil Rights and Intellectual Property for California on

Q: Can a plaintiff make a claim to obtain evidence in discoveries in an opposition?

Ali Shahrestani, Esq. 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...
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1 Answer | Asked in Antitrust for California on

Q: What is a horizontal restraint?

Ali Shahrestani, Esq. 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...
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1 Answer | Asked in Antitrust for California on

Q: How do you prove that a rival company is restricting competition?

Ali Shahrestani, Esq. 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...
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2 Answers | Asked in Antitrust for California on

Q: What are some of the ways an arrangement with a supplier violates the antitrust laws?

Ali Shahrestani, Esq. 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... Read more »

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2 Answers | Asked in Antitrust for California on

Q: My competitor is selling at below cost - is that an antitrust violation?

Ali Shahrestani, Esq. 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... Read more »

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1 Answer | Asked in Antitrust for California on

Q: We've been told we need to move inventory in our company

- some of the sales people are making customers buy a product if they want to get another one - that's not legal, right?

Glenn B. Manishin answered on Jan 14, 2017

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.... Read more »

1 Answer | Asked in Antitrust for California on

Q: Where do I report a couple of companies that I think are engaged in fixing prices?

Glenn B. Manishin answered on Dec 20, 2016

Contact the U.S. Department of Justice, Antitrust Division, its local field office(s), or the California Attorney General's office.

1 Answer | Asked in Antitrust for California on

Q: I belong to a trade association that just "strongly" suggested we use a specific vendor - is that legal?

Glenn B. Manishin answered on Dec 20, 2016

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... Read more »

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