California Antitrust Questions & Answers

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

1 Answer | Asked in Antitrust, Business Law, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 2, 2019
Thomas A. Grossman's answer
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 decision. Your only alternative then is to sue them, and that is both expensive and time-consuming. And by the time you get a decision from the agency, your business is probably ruined anyway....

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

1 Answer | Asked in Antitrust for California on
Answered on Sep 25, 2018
T. J. Jesky's answer
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 breaking state law, you can contact your State Attorney General. If the price fixers are breaking federal antitrust laws, you can contact the Federal Trade Commission or the Department of Justice.

Q: How do I report an antitrust violation?

1 Answer | Asked in Antitrust for California on
Answered on Nov 29, 2017
Daniel Low's answer
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...

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
Glenn B. Manishin's answer
Absolutely yes. Fixing the price of goods or services purchased by buyers is just as per se unlawful as price fixing among sellers.

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
Ali Shahrestani, 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 &...

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
Ali Shahrestani, 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...

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

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

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
Ali Shahrestani, 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 &...

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
Ali Shahrestani, 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...

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
Ali Shahrestani, 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,...

Q: What is a horizontal restraint?

1 Answer | Asked in Antitrust for California on
Answered on Mar 17, 2017
Ali Shahrestani, 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...

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
Ali Shahrestani, 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...

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
Ali Shahrestani, 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,...

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
Ali Shahrestani, 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...

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

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

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

1 Answer | Asked in Antitrust for California on
Answered on Dec 20, 2016
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.

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

1 Answer | Asked in Antitrust for California on
Answered on Dec 20, 2016
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.

Q: Is there any similar case?

1 Answer | Asked in Antitrust for California on
Answered on Sep 4, 2016
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.