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- When Is the Filed Rate Doctrine a Defense to an Antitrust Lawsuit?
The doctrine of federal antitrust law includes several immunities and exemptions—entire areas that are off limits to certain antitrust actions. This can be confusing, especially because these “exceptions” arise, grow, and shrink over time, at the seeming whim of federal courts.
- Antitrust Laws Do Not Allow Real Estate Agents to Jointly Fix or Set Prices or Commissions
If you have sold or purchased a home recently, you might be under the impression that real estate commissions—the price to engage a real estate broker—are fixed or otherwise set by law in different geographic markets. They aren’t—to do so amounts to price-fixing, which is a per se violation of the antitrust laws.
- Economic Damages of an Employee Reselling Company Products
Many employees are able to purchase products at their places of employment and then resell them at a higher price or without the discount they are often awarded while working for the company.
- When Misleading Advertising Causes a Deal to Fall Through
Some companies advertise products or services in a way that is considered false. This means that what is proposed by the business to the public or other organizations is not what the product is capable of in many circumstances.
- How Antitrust Affects Potential Buyers in Real Estate Dealings
Real estate deals are often complicated when applying the regulations for both state and federal laws and acts. This could be as simple as watching what is said about the property to as severe as ensuring all defects and blemishes are disclosed even if they cause the loss of sale or rent. However, antitrust may affect a buyer in real estate business transactions in a number of ways. This causes real estate agencies to become more careful in pricing, cooperation, the business models used associations and other factors.
- False or Deceptive Competitor Advertising Hurting Your Bottom Line?
There are resources and options available for business owners when competitors undercut pricing by selling inferior goods or services.
- Why Is Antitrust Compliance Counseling and Training so Important for Companies?
If, like me, you have ever spoken to someone that faces criminal indictment by a federal grand jury following a Justice Department antitrust investigation, you know why antitrust compliance counseling and training is a big deal—you don’t need reasons; hearing the crackle of the voice is enough to understand.
- Exclusive Dealing Under the U.S. Antitrust Laws
Are you unable to compete for certain customers because those customers are bound by exclusive-dealing agreements with your competitors? Or are you a competitor who has or is considering an exclusive-dealing agreement?
- What Are the Elements for a Monopolization Claim under the Federal Antitrust Laws?
Do you or your competitor have a monopoly in a particular market? If so, your conduct or their conduct might enter the territory of the Sherman Act—Section 2—called monopolization. If you are in Europe or other jurisdictions outside of the United States, instead of monopoly, people will refer to the company with extreme market power as “dominant.”
- What is the Biggest Mistake that District Courts Make in Antitrust Cases?
This articles describes how federal trial courts sometimes confuse the pleading standards for antitrust cases.