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California Antitrust Questions & Answers
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... View More

William John Light
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
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... View 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
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?
Robert P. Cogan
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answered on Jul 31, 2017

An antitrust issue might be present if there is an effect on competition. Sometimes, your cost of doing business justifies a price difference. A distributor who buys 100,000 units normally gets a lower price than a distributor who buys 10,000 units.

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2 Answers | Asked in Antitrust for California on
Q: What are the factors that qualify a business as a monopoly?
Robert P. Cogan
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answered on Jul 31, 2017

One hallmark of a monopoly is the absence of competition in the relevant market. The relevant market could be a county in some contexts or it could be the whole country in other contexts.

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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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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,
Ali Shahrestani,
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&sectionNum=2030.300.

More details are necessary to provide a professional analysis of your issue. The best first...
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1 Answer | Asked in Antitrust for California on
Q: What is a horizontal restraint?
Ali Shahrestani,
Ali Shahrestani,
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,
Ali Shahrestani,
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&sectionNum=17200

Also see: https://oag.ca.gov/antitrust

More details are necessary to provide a professional analysis...
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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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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
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... View 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
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
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... View More

1 Answer | Asked in Antitrust for California on
Q: Is there any similar case?

Hi,

I'm looking for a similar case and would be really happy if someone could help me:

A company ("A") agreed wıth another company ("B") that they("B")'ll sell the products manufactured from "A". "A" wanted to terminate... View More

Andy Chen
Andy Chen
answered on Sep 4, 2016

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,... View More

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