Antitrust Litigation

Antitrust litigation is the area of law dealing with lawful commercial competition.  The source of that law comes from not only federal law, but state law as well.  The goal at the federal level for antitrust law is to make sure that competition is active enough to benefit consumers.  Antitrust law looks to a whole host of conduct.  This includes things like below cost pricing, price fixing agreements, and market division agreements.

Antitrust litigation under state law on the other hand operates differently.  It chiefly runs from statutes that were passed in the 1930s to protect small business from big chain stores.  The legal analysis for antirust litigation under California state law may differ from federal law.  Click here to law review article on some of the differences.

Federal antitrust litigation is heavily influenced by modern economic theory.  Understanding economics and the econometric models that are associated with the analysis, especially in price fixing analysis is critical.  However, sometimes such theory can exceed the bounds of antitrust law.  A law review article written by one of our attorneys points such conflict out.  Click here to read article.

The risks that accompany antitrust litigation for parties accused of such conduct is substantial.  If liability is shown to exist, then the business can be responsible for three times the damages its conduct caused.  Additionally, the business or business are also responsible for the plaintiff’s attorney’s fees.

Antitrust litigation can also spring up from patent litigation.  One typically sees antitrust litigation counterclaims in response to patent infringement lawsuits.  The core of the claims typically is that the person seeking to enforce a patent is also trying to monopolize the market.

What Law Offices of Ara Jabagchourian, P.C. lack in size in antitrust litigation, they more than make up for in their experience in the field and ability and willingness to try cases in the field.  If you have any questions regarding a potential antitrust matter, feel free to contact Ara Jabagchourian.