Antitrust law is, of course, a field of overriding importance to those engaged in commerce. There continue to be many important developments in this body of law.
Among the specific areas of antitrust law in which NLRG is expert are the following:
- Restraint of Trade
- Refusals To Deal And Termination
- Monopoly Laws
- Price-Fixing
- Resale Price Maintenance
- Tying Offenses
- The Antitrust Immunity Of Governmental Units
- Price Discrimination And The Robinson-Patman Act
- Unfair Competition Under Section 5 Of The Federal Trade Commission Act
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NLRG has paid close attention to these developments and can advise attorneys regarding how certain kinds of activities are likely to be judged in antitrust terms. This advice can be for planning purposes, in defense of a specific lawsuit, or for purposes of evaluating or providing analysis and authority for a proposed action.
In short, the courts have tended to move away from rigid categories of right and wrong in adjudicating cases under the antitrust laws. Instead, the courts are today administering both state and federal antitrust laws with an eye toward the economic realities underlying particular conduct. NLRG can keep you fully informed of this evolving trend.
Restraint of Trade
Our team of attorneys can assist in writing or editing Restraint of Trade contracts for a buyer and seller agreement or employer and employee agreement. Since these types of contracts can be vague, our attorneys can review if the restraint is reasonable, if there is a legitimate interest to protect a business, and if it is not against public policy.
Refusals to Deal and Termination
In certain circumstances, a business may be violiating antitrust laws by refusing to deal with another business. Our antitrust attorneys can assist with cases invovling horizontal refusal to deal, vertical refusal to deal, and determining If this refusal assist a company in maintaining a monopoly or creating a monopoly. For industries that are more regulated, there can also be competition laws requiring a company to deal with other businesses, even if they are a potential or direct competitor.
Monopoly Laws
Our business and antitrust attorneys can help with your case regarding monopoly laws regulating business practices that may restrict competition and affect consumers. The National Legal Research Group has a great deal of experience dealing with The Sherman Law Antitrust Act, The Clayton Act, The Federal Trade Commission Act, and state and federal monopoly laws.
Pricefixing
Some activities, such as horizontal price-fixing, have continued to be offenses that are condemned without regard to their economic justification or reasonableness. Other offenses, such as vertical restraints or distribution, have ceased to be per se violations of the antitrust laws and are now evaluated under the Rule of Reason. NLRG attorneys can help with your case involving antitrust prosecutions of price fixing, bid rigging, allocation schemes, and market division. Our attorneys are well-versed in federal antitrust laws and the penalties that can be imposed for violations.
Resale Price Maintenance
If your client is a manufacturer or reseller and is engaged in or soon to be engaged in a a resale-price-maintenance agreement, our attorneys can review your case and help determine if the agreement violates antitrust laws.
Tying Offenses
Under the Sherman Act, the offence of tying involves tying the sale of one product to the sale of another product, linking the two sales together. If your are an attorney representing a client involved in this type of case, our antitrust attorneys can help with additional legal research and writing to help you win your case.
The Antitrust Immunity of Governmental Units
The application of antitrust laws to local government or municipalities can vary from state to state and case by case. Our team of research attorneys can help with your case in determining whether immunity applies to a particular govermnet intity.
Price Discrimination and The Robinson Patman Act
Price Discrimination cases can be difficult to prove a violation of antitrust or price-fixing laws. However, our attorneys are well-versed in the Robinson-Patman Act and the anticompetitive effects of price discrimination. Our team can apply our years of experience and expertise to help you win your case.
Unfair competition under section 5 of the Federal Trade Commission Act
Designed to protect businesses and consumers from deceptive business practices, the Federal Trade Commission Act protects against common unfair competitive practices such as trademark infringements and engaging in monopolizing practices. If you are an attorney working on a case involving this issue, NLRG would be more than happy to help you win your case.
