Palm Bay Antitrust Lawyer
Free trade is the bedrock of the U.S. economy, so federal and state lawmakers have enacted antitrust statutes to protect Florida business owners. You have rights in the face of anti-competitive tactics, including filing a private lawsuit to enforce the law. Our team at the Law Offices of George M. Sanders, P.C. focuses on civil antitrust actions, so please contact our office to schedule a consultation with a Palm Bay antitrust lawyer today.
Overview on the U.S. and Florida Antitrust Statutes
Two federal antitrust statutes, the Sherman Act and the Clayton Act, define the types of monopolistic conduct, collusion, and restraints of trade that are prohibited by law. Unlawful tactics may include:
- Contracts to fix prices, conditions, or terms of sale;
- Combinations and conspiracies to limit free trade;
- Agreements within the bidding process;
- Arrangements to divide territories and customers through anticompetitive acts;
- Illegal group boycotts;
- Abuses of the peer-review or credentialing processes;
- Unlawful exclusive dealings agreements; or
- Any other conduct that runs afoul of free trade laws.
The Florida Antitrust Act contains many similar provisions on illegal forms of collusion and restraints of trade. The U.S. Department of Justice – Antitrust Division and Florida State Attorney General are charged with enforcing the statutes, which may occur through a civil lawsuit or criminal charges against the offending company.
Florida Business Owners May Have a Private Right of Action
The problem with relying on the U.S. or Florida Attorneys General for enforcement is that, like many government agencies, they can be notoriously slow to act. They are also limited in the resources that it takes to prevail in an antitrust case. With every passing day, your business interests are hurt by anticompetitive conduct.
For this reason, antitrust statutes allow Florida business owners to pursue a private right of action, which is one of the most powerful ways to enforce the law. You can file a lawsuit in civil court to seek:
- Monetary damages as compensation for your losses; and,
- Equitable relief, including an order for the offending company to cease and desist with unlawful monopolistic acts.
Palm Bay Antitrust Attorneys can Assist with Your Claim
To succeed in a civil antitrust case, you must prove that:
- The offender possesses (or there is a dangerous probability that the offender will possess) market power in the relevant market(s); and,
- This market power was obtained (or is likely to be obtained) through tactics that violate federal and state antitrust laws.
These elements may seem clear-cut, but there are challenges to collecting evidence and identifying illegal conduct. Some seemingly collusive arrangements may be entirely lawful, so it is difficult to separate them from anticompetitive acts. Organizations that are breaking the law will also make every attempt to hide unlawful activity.
Therefore, you need an antitrust lawyer who has both legal knowledge and elevated business acumen. Plus, you need an attorney with intense investigative skills and resources to gather essential facts.
Speak to a Palm Bay Antitrust Lawyer About Anticompetitive Conduct
For more information on filing a private lawsuit, please contact the Law Offices of George M. Sanders, P.C. We can schedule an appointment with an antitrust attorney who can tell you more about your rights and remedies.