Checklist of Antitrust Claims

Checklist of Antitrust Claims


This article is designed to review overall antitrust claims and not just claims under the Robinson-Patman Act. In many cases the RPA plaintiff will have other antitrust claims in addition to the RPA claims. One reason for this is economic: price discrim ination usually exists because there is some monopolistic reason that the disfavored customers don't buy their goods more cheaply from some other, non-discriminating seller. The usual reason, which many persons do not understand, is that the seller has a monopoly in part of its overall market, and is exploiting that monopoly by charging whatever the market will bear in the different components of the overall market for the same product.

The monopoly usually is derived from trademarks, which when sufficiently strong will enable a monopolist to charge parts of the market very high prices because the reseller cannot do without the product. Consumers insist upon the branded product in too m any cases, and the reseller will lose business if he tries to buy and resell a substitute product.

The reader should be aware that no checklist can be complete or be used without involvement by an experienced antitrust attorney. Accordingly, you should not conclude that you have or do not have antitrust claims merely because of finding items which may apply to you, or not finding any items which apply to your own situation. The antitrust laws are very complicated and cannot be reduced to a checklist (or at least a checklist of the size being made available to you).

The checklist includes a variety of problems which may have some antitrust implications, but there may be other factors (such as, for example, a good-faith meeting competition defense to a price discrimination charge) which could destroy the value of an a pparent claim.

Yet, the checklist could point out areas for closer analysis both by you and an attorney looking into your problem. In any event, here is the checklist for you to consider:

The foregoing are just a few of the possible events which could give rise to antitrust liability. At least, if any of the foregoing matters are taking place, you should talk with an antitrust lawyer to see if you have a case and whether the case is worth while to pursue.

If you want to talk with an antitrust lawyer without any obligation, about any of the above items or any other matter of possible antitrust concern to you, please send a fax to RPAmall editor (attorney Carl E. Person), at 212-307-0247 and state you would like to talk about items on the checklist. Also, you should include your fax and telephone numbers. As said elsewhere, there will be no charge or obligations for the consultation.

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Copyright © 1997 by Carl E. Person