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- Does a Minimum Advertised Price (MAP) Policy Violate Antitrust Laws in the United States?
We see many antitrust issues in the distribution world—and from all business perspectives: supplier, wholesale distributor, authorized retailer, and unauthorized retailer, among others. And at the retail level, we hear from both internet and brick-and-mortar stores.
- Is an Anticompetitive Contract Clause an Ancillary Restraint that Will Survive Antitrust Scrutiny?
Setting prices or allocating markets with your competitor is a terrible idea. Doing so is likely to lead to civil litigation and perhaps even criminal penalties.
- The Requirements of an HSR Antitrust Filing for a Merger or Acquisition in the United States
In the United States, mergers and acquisitions involving companies of a certain size must be reviewed by one of the competition authorities—the Federal Trade Commission or the Department of Justice.
- Bid-Rigging Is a Per Se Violation of the Antitrust Laws
Bid rigging violates the U.S. antitrust laws.
- How to Determine if International Products Are Subject to International Dumping Rules
When determining if a product is subject to dumping rules, the international laws must be taken into account. This means that there may be actions against dumping such as unfairly low prices, certain stipulations that may offset subsidies and possible emergency measures to protect domestic entities.
- 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.