New Braunfels Antitrust Lawyers
The US economy thrives on free trade, so there are antitrust laws at both the federal level and in Texas to prevent anti-competition. These statutes protect business owners from legal violations, but they also provide you with the private right of enforcement. OurNew Braunfels antitrust lawyers at the Law Offices of George M. Sanders, P.C. can advise you on your remedies in such a lawsuit, so please contact our office today to discuss your case.
Overview of Federal and Texas Antitrust Laws
Two federal antitrust statutes protect Texas business owners from anticompetitive conduct:
- The Sherman Act; and,
- The Clayton Act.
These statutes, in conjunction with the Texas Free Enterprise and Antitrust Act of 1983, contain various prohibitions on monopolies, collusion, and arrangements in restraint of trade. The US Department of Justice – Antitrust Division and Texas Attorney General have the power to enforce the laws, through both civil and criminal lawsuits. These agencies may take legal action to prevent:
- Contracts, combinations, and conspiracies to form monopolies;
- Agreements to fix prices;
- Collusion among bidders and other forms of bid rigging;
- Market division for territories and customers;
- Illegal group boycotts and refusals to deal;
- Agreements for exclusive dealings; and,
- Other anticompetitive acts that are prohibited by state and federal antitrust laws.
Private Lawsuit to Enforce Your Rights
Even though they have the power to enforce antitrust statutes, US and Texas government bodies may decline to pursue organizations for violations of the law. When they do, there may be delays due to their limited resources. Your business interests could be negatively affected by the passage of time.
Fortunately, antitrust laws provide you with an additional option as a Texas business owner. You can file a private lawsuit in court to address anticompetitive conduct. The details will vary depending upon your situation, but there are certain elements you must establish:
- The offending organization possesses disproportionate market power; and,
- This advantage was obtained or maintained through illegal tactics, as compared (or in addition) to gaining a competitive edge through a better product or service, or more effective business practices.
HowNew Braunfels Antitrust Lawyers can Help
Proving the essential elements of a private antitrust lawsuit is much more complicated than you would expect. Business combinations, collusion, monopoly formation, and other restraints on trade are not easy to identify. Plus, organizations that engage in illegal conduct will go to great lengths to hide their unlawful acts.
It takes an attorney with specialized business acumen, meticulous knowledge of antitrust laws, and detailed investigative skills to prove your case. With skilled legal counsel to represent you in a private antitrust lawsuit, you may be entitled to such remedies as:
- Monetary compensation for your losses as the target of anticompetitive acts; and,
- Equitable relief, such as a court order instructing the offending organization to cease and desist.
Contact an Experienced Antitrust Attorney to Discuss Your Case
If you are a Texas business owner facing adverse effects of monopolistic conduct, please contact the Law Offices of George M. Sanders, P.C. to set up a consultation. Our New Braunfels antitrust lawyers can explain your rights and remedies after reviewing the details of your case.