Antitrust & Competition

Tien Law Firm can assist with can assist with antitrust litigation and charges alleging anticompetitive behavior. We bring extensive courtroom and motion experience to deliver comprehensive, innovative and tactical litigation advice to our clients. We can assist with private antitrust litigation from class actions to litigating individual actions in a single jurisdiction. Our litigation practice can navigate the intersection between antitrust law and other areas, including securities and intellectual property, to devise creative and holistic solutions. 

Understanding Antitrust Claims and Defenses

Antitrust law plays a crucial role in maintaining competitive markets and protecting consumers from unfair business practices. As businesses navigate the complexities of commerce, the potential for antitrust litigation becomes a salient issue that can have significant implications. 

Types of Antitrust Claims in Litigation

Antitrust claims can typically be categorized into three major types, each rooted in specific violations of antitrust laws:

• Monopolization: Under Section 2 of the Sherman Act, monopolization claims arise when a company unlawfully maintains or attempts to achieve monopoly power in a market. This can occur through predatory pricing, exclusionary practices, or other anti-competitive actions that hinder rivals. Plaintiffs need to prove not only that the defendant has a dominant market share but also that they obtained or maintained that power through improper means.
• Price Fixing: One of the most egregious forms of antitrust violation is price fixing, which generally involves competitors conspiring to set prices at a certain level, effectively eliminating competition. This practice is illegal under both the Sherman Act and the Clayton Act. Lawsuits in this category often come from both consumers and competitors who have been harmed by the artificially inflated prices.
• Bid Rigging: A subset of price-fixing claims, bid rigging occurs when competitors agree to manipulate the bidding process for contracts by either submitting collusive bids or deciding in advance who will win a contract. This practice stifles competition and can lead to significant legal repercussions for those involved.
• Tying Arrangements: A tying claim arises when a seller conditions the sale of one product on the buyer’s purchase of another product, which the buyer may not want. This practice can limit consumer choice and reduce market competition, thereby violating the antitrust laws.
• Exclusive Dealing: Exclusive dealing arrangements occur when a seller restricts a buyer from purchasing goods or services from competitors. While these arrangements are not always illegal, they can raise antitrust concerns when they substantially lessen competition or tend to create a monopoly.
• Market Allocation: This occurs when competitors agree to divide markets or customers among themselves, thereby reducing competition. Such agreements can be explicit or implicit and can have serious consequences for both businesses and consumers.

Antitrust Defenses in Litigation

While antitrust claims can be serious, defendants have several defenses at their disposal to counter allegations:

• Pro-Competitive Justifications: Defendants may argue that their conduct, even if potentially anti-competitive, has pro-competitive benefits. Such justifications may include improving efficiency, innovation, or preventing market entry by low-quality competitors.
• Lack of Market Power: A key element of many antitrust claims is demonstrating that the defendant possesses substantial market power. If a defendant can demonstrate that they lack sufficient market power to affect competition adversely, they may successfully contest the claim.
• Regular Business Practices: In some instances, businesses may assert that their practices are standard in their industry and do not violate antitrust laws. By proving that their conduct is consistent with normal business operations, they can mount a credibility defense.
• Statistical or Economic Analysis: Defendants might employ statistical or economic evidence to demonstrate that the alleged practices did not result in anti-competitive harm. Expert testimony can be particularly crucial in these types of defenses.
• Statute of Limitations: Antitrust claims are subject to statutes of limitations, which can vary by jurisdiction. If a claim falls outside this timeframe, a defendant can have it dismissed on technical grounds.
• Settlement and Waiver: Many antitrust cases can be settled out of court. A defendant can negotiate terms that mitigate potential damages, culminating in a waiver of further claims.

How an Antitrust Lawyer Can Help

Navigating antitrust litigation can be a daunting task, filled with intricacies that may not be readily apparent to business owners or even corporate lawyers without specific expertise. Engaging an antitrust lawyer can be instrumental for businesses, offering both strategic and tactical advantages:

• Providing Comprehensive Guidance: An antitrust lawyer understands the nuances of both state and federal antitrust laws. They can help businesses navigate compliance, reducing the risk of litigation in the first place.
• Risk Assessment: Our antirust lawyer attorney can conduct a thorough risk assessment to identify potential antitrust issues within your business practices, allowing you to proactively adjust strategies to avoid litigation.
• Litigation Strategy: Should litigation arise, an antitrust lawyer plays a crucial role in developing a comprehensive litigation strategy tailored to the specifics of the case. This includes gathering evidence, charting legal arguments, and advocating vigorously on your behalf.
• Negotiation and Settlement: Many antitrust cases can be resolved through negotiation. An attorney skilled in antitrust disputes can advocate for fair settlement terms and help mitigate damages, ultimately saving your business time and resources.
• Skilled Representation: In the courtroom, having an expert antitrust lawyer can make a pivotal difference. They are skilled in presenting complex economic theories, statistical data, and other evidence that can influence the outcome of the case.

Finding the Best Antitrust Lawyer for You

If your business is facing potential antitrust litigation or if you seek guidance in navigating complex antitrust laws as a proactive measure, don’t hesitate to reach out. Our antitrust attorney is dedicated to protecting your business interests and ensuring compliance with the intricate web of antitrust regulations. 

Call (919) 800-2000 or reach out online today to schedule your free consultation.