When a seller requires buyers to purchase a second product or service as a condition of obtaining a first product or service, it may run afoul of the federal antitrust laws. This is called a tying arrangement or tying agreement. You can read our article at The Antitrust Attorney Blog on tying…
In today’s economy, manufacturers (and suppliers) often enter resale-price maintenance agreements with distributors and retailers. These are agreements that set the minimum price at which a reseller can sell the manufacturer’s product. This is vertical price-fixing. Until the United…
If you—or a competitor—has a sizeable share of the market, your (or your competitor’s) conduct might be a monopolist subject to Section 2 of the Sherman Act. Outside the United States, a firm with this extreme market share is called “dominant.” You can read more here…
In a class action lawsuit, an attorney representing certain named class members litigates on behalf of other class members, who may become bound by the outcome of the litigation process. An antitrust class action usually alleges some form conduct that is a “per se” antitrust…
The US Supreme Court has historically defined a group boycott as a concerted refusal to deal, or a group action designed to pressure another party into doing something by withholding or enlisting others to withhold patronage or services from the target. The Court, however, limits this…
Section 1 of the Sherman Act prohibits every contract, combination or conspiracy that restrains interstate trade, or trade with foreign nations, so long as those restraints are unreasonably restrictive of competition in a relevant market. The actual language is that "Every contract,…