Antitrust Litigation Attorney
Alex R. Hernandez Jr. have the experience in state and federal antitrust litigation. We represent clients in antitrust disputes and litigation, government investigations, and offer antitrust counseling. If you have received a request for information or a subpoena, then we will work with you to understand the issue and craft an appropriate response.
Under federal law, there exist three major anti-trust laws – the Sherman Act, the Clayton Act, and the Federal Trade Commission Act.
The Sherman Act broadly prohibits (1) anticompetitive agreements and (2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade. The purpose of the [Sherman] Act is not to protect businesses from the working of the market; it is to protect the public from the failure of the market. The law directs itself not against conduct which is competitive, even severely so, but against conduct which unfairly tends to destroy competition itself.
The Clayton Act bans the practice of price discrimination and anti-competitive mergers. It also declared peaceful strikes, picketing, boycotts, agricultural cooperatives, and labor unions legal under federal law. Certain holding companies were forbidden and discriminatory freight agreements banned. The Clayton Antitrust Act prohibited exclusive sales contracts, certain rebates, and local price cutting.
As of 2016, the Clayton Antitrust Act has 26 sections. Some of these sections are more notable than others and continue to influence business practices in the United States.
- The second section deals with the unlawfulness of price discrimination, price cutting, and predatory pricing.
- Exclusive dealings or the attempt to create a monopoly is addressed in the third section.
- The fourth section states the right of private lawsuits of any individual injured by anything forbidden in the antitrust laws.
- Labor and the exemption of the workforce are handled by the sixth section, and The Clayton Antitrust Act provides that labor is not an economic commodity.
- The seventh section handles mergers and acquisitions and is often referred to when multiple companies attempt to become a single entity.
Federal Trade Commission Act
The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to (a) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce; (b) seek monetary redress and other relief for conduct injurious to consumers; (c) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices; (d) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and (e) make reports and legislative recommendations to Congress and the public.
We have the expertise to represent businesses under these laws and also the Texas Free Enterprise and Antitrust Act.
Alex R. Hernandez Jr. will guide your business during regulatory inquiries. We will defend you in such situations and protect your business interests. We know how to minimize exposure to liabilities. Federal and state antitrust laws empower regulators to carry out investigations involving individuals and companies on matters related to manipulating competition for gaining unfair advantage. The regulators also investigate mergers and acquisitions. And, we have the skill to assist you in dealing with regulators. We try our best to ensure that antitrust issues achieve resolution and do not go to trial; but if they do, then our team of experienced lawyers will work to protect your interests.
Regardless of whether it is a civil or criminal antitrust case, we will litigate and represent you in the court of law and with government departments.
Call our law firm if you have an Antitrust matter you need to discuss with Alex R. Hernandez Jr. Call 888HDZLAW8 today.