Antitrust Case

Jeffrey Zaiger on Building a Strong Antitrust Case: What Businesses Need to Know

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Antitrust laws protect markets, businesses, and consumers from unfair and anticompetitive practices. When large corporations abuse their power through price-fixing, market manipulation, or monopolization, other businesses can suffer significant harm. Building a strong legal case is crucial if you suspect your business is a victim of anticompetitive practices. Here’s what you need to understand:

Key Elements of an Antitrust Case

  • Anticompetitive Conduct: It’s not enough to just experience losses. You must demonstrate specific actions by a competitor or group that violate antitrust law. This could include collusion to fix prices, restricting the supply of goods or services, anticompetitive restrictions on pricing for other platforms, or tying the purchase of one product to another.
  • Harm to Competition: The anticompetitive behavior must have a demonstrable negative impact on the market as a whole.
  • Measurable Damages: You must be able to quantify the financial harm your business suffered because of anticompetitive practices. Lost profits, increased costs, and reduced market share are common examples.

Gathering the Right Evidence

Strong antitrust cases rely on hard evidence. Look for:

  • Internal Communications: Emails, memos, or meeting notes between the offending parties can be invaluable for outlining their scheme.
  • Market Analysis: Expert evaluation of data showing price trends, supply changes, or shifts in market share before and after the suspected anticompetitive behavior.
  • Testimony: Witnesses, even from within competitor companies, can provide crucial insights into the actions and intentions behind the anticompetitive practices.

Why Partnering with an Experienced Antitrust Law Firm Matters

Antitrust litigation is complex and resource-intensive. Success often depends on:

  • Investigative Resources: Firms specializing in antitrust have the networks and tools to gather difficult-to-obtain evidence.
  • Legal Expertise: Antitrust law is nuanced. Experienced attorneys will understand the subtle legal strategies necessary to win these cases.
  • Contingency Representation: Many antitrust firms operate on contingency, meaning you only pay if you achieve a successful settlement or win.

Taking Action

Don’t hesitate to seek legal advice if you suspect your business may have a viable antitrust case. An initial consultation with a specialist firm can help you assess the strength of your potential claim and develop a strategic approach. Remember, antitrust laws exist to protect fair competition. If unfair market practices have harmed you, you can fight for what’s rightfully yours.

About Jeffrey Zaiger

Jeffrey H. Zaiger is the founding Partner of Zaiger LLC. Jeff is a seasoned litigator who has prosecuted and defended a broad range of high-stakes business cases in federal and state courts and arbitration proceedings throughout the country.

Disclaimer: This article is informational and does not constitute specific legal advice. Consult an antitrust attorney for guidance based on your circumstances. 

Also Read: Facebook sued with two antitrust lawsuits



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