Antitrust

Kirton McConkie attorneys have litigated claims under the Sherman Antitrust Act, the Clayton Antitrust Act, and the Utah Unfair Practices Act. The Sherman Act is a federal statute and the basis for most antitrust litigation. It prohibits activities designed to control the market to the detriment of customers or consumers. The Clayton Antitrust Act is a federal statute to detect anticompetitive practices in early stages by prohibiting certain business conduct not deemed in the best interests of a competitive marketplace.

No client is too small to ignore antitrust regulations as problems can and do arise in many contexts, some serious enough to require jail time. Every person found engaging in antitrust activity is guilty of a felony, with fines up to $10 million for corporations and $350,000+ and up to three years of imprisonment for individuals.

Our antitrust legal services include:

• Advice and risk management to minimize antitrust exposure
• Counsel on exclusive agreements to ensure clients do not run afoul of antitrust regulations
• Evaluation of anti-competitive behavior negatively impacting clients at the hands of their competitors
• Problem-solving without litigation
• Defense of antitrust claims

Areas of potential trouble for clients in which Kirton McConkie attorneys are well-versed include:

• Price discrimination
• Bundling (seller conditions the sale of a desired product on the sale of another product)
• Exclusive deals or activities intended to substantially lessen competition
• Resale price maintenance (minimum price requirement instead of suggested pricing)
• Below cost pricing
• Refusal to deal
• Bid rigging
• Mergers and acquisitions
• Group boycotts
• Cartels (formal agreements among competitors)
• Monopolies
• State antitrust and unfair competition