Anti-Trust 18 Point Checklist

Checklist for Anti-Trust

The following was a checklist (http://www.lawmall.com/rpa/antitr03.html) that I found concerning anti-trust violations:

1) You are a retailer or wholesaler being charged more for goods than your competitor is paying.

2) You are a retailer and the manufacturer of goods has advertising or other promotional programs which are not being made available to you.

3) You are a retailer or wholesaler and the manufacturer is providing services to your competitors which the manufacturer is not making available to you.

4) You are a retailer or wholesaler and one or more of your competitors are extracting payments from the manufacturer of goods which it is not making available to you.

5) You are a retailer or wholesaler and the manufacturer of goods is paying slotting allowances to your competitors (or to customers of your competing wholesalers) which the manufacturer (a) is not making available to you or your retailer customers, or ( b) is not making available to you or your retailer customers in a proportionate amount.

6) A company has so high a percentage of the market (say more than 50%, but this figure is not fixed and varies according to the type of antitrust claim) in a relevant geographic and product or service market and is doing things which injure you as a com pany competing in that market.

7) A company has made acquisitions of stock and/or assets which has created a monopoly (say, more than 65%) of the relevant geographic and product/service market and you have been injured by this acquired monopoly.

8) A company is making acquisitions which if continued would tend to substantially lessen competition in the relevant geographic and product or service market.

9) Two or more companies have entered into a combination, conspiracy or agreement in restraint of trade causing your business or property to be injured.

10) A manufacturer or other person is selling to its customers on the condition that they not buy goods or services from you.

11) Two or more companies have agreed to boycott your company.

12) Two or more companies are conspiring to fix prices and you are hurt by such price-fixing.

13) A monopoly refuses to deal with you without justification, or the person who controls an essential facility is not making it available to you, causing injury to your business.

14) One of your retailer or wholesaler competitors is knowingly inducing or receiving a discriminatory price from the manufacturer or supplier of goods.

15) Your competitors have formed a trade association and will not let you join.

16) A trade association is apparently being used as a cover for a conspiracy to fix prices or otherwise restrain trade.

17) Someone is suing you in sham litigation for the purpose of putting you out of business.

18) A group or association is importing goods at lower-than-cost prices which is causing you to be injured.

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