Section 2 of the Sherman Act states that it is against the law for one company to refuse to do business with another company.The laws are to regulate monopolies.You can take legal action if you know that a monopolist is engaging in illegal activities by refusing to deal with competitors.State attorney generals can bring civil lawsuits on behalf of their citizens to enforce antitrust laws.Administrative proceedings and lawsuits can be brought by the FTC and DOJ to stop illegal activity.You can bring a private lawsuit to enforce antitrust laws.
Step 1: The general rule needs to be analyzed.
Federal and state antitrust laws allow a company to choose who they do business with.It is usually not necessary for a company to do business with competitors.When rivals do business together, they run afoul of antitrust laws that try and limit unreasonable restrictions on competition.If two businesses agree to raise the price of their goods, they may unfairly restrict competition by engaging in illegal price fixing.
Step 2: Determine if the business is a monopoly.
The general rule is that companies can choose who they do business with.Section 2 of the Sherman Act is a law that restricts monopolization.The act of gaining a monopoly in a market through improper means is called illegal monopolization.It is necessary for the business at issue to have a monopoly in the market in order to refuse to deal.This doesn't mean that the business has to be big.A small business could have a monopoly if courts and agencies define markets narrowly.If a business controls a particular market, it might be considered a monopoly.
Step 3: Is the monopolist in control of an essential facility?
Once you have identified a monopoly, the business that holds it must be taking illegal actions.monopolists that have control of an essential facility may be forced to allow competitors access to that facility.You must be able to prove that a monopolist controls an essential facility in order to face antitrust liability.
Step 4: Take a look at the monopolist's past business dealings.
Companies can be found liable for refusing to sell a product or service to a competitor if the monopolist makes it available to others.Monopolists have been found to be liable for refusal to deal when they stop doing business with a competitor.The monopolist can be seen as reducing competition in their market by denying competitors access.If the monopolist has a legitimate business reason for refusing to sell a product or service, the action might be considered legal.
Step 5: Determine if the industry is regulated.
Some industries are heavily regulated.Telephone companies are regulated at the federal level and are required to share assets with their competitors.When an industry is regulated, antitrust laws do not impose additional requirements.If you are dealing with a monopolist in a regulated industry, you may not be able to make a refusal to deal claim unless the regulations require the dealings in the first place.
Step 6: Group boycotts are possible.
Only one company is refusing to deal with another company because of single company conduct.Group boycotting is when two or more competitors agree not to do business with each other.This is different from refusal to deal because it involves more than one company's conduct.Group boycotting can be dangerous if the companies get together and refuse to deal with competitors that offer their products at a reduced rate.Two retail companies might be found liable for group boycotting if they agree not to do business with a particular manufacturer.
Step 7: The attorney general enforces antitrust laws.
The citizens of the state are protected by the attorneys general.If a monopolist is breaking the law and hurting you, other citizens of your state, or the state as a whole, the attorney general may be able to help.Monopolists acting illegally can be sued by the attorney general of your state.
Step 8: The attorney general has a complaint website.
If you are being harmed by a case of refusal to deal, you should contact your state attorneys general office.You can use the complaint page on most attorneys general websites to figure out how to draft a complaint, send it, and follow up on it.You can conduct an internet search for the attorney general of your state.Click around to find the complaints page.The Attorney General of New York has a page dedicated to antitrust laws.The website gives information about what can be considered an antitrust violation and what role a citizen's complaint can play in the litigation process.A complaint form can be found on the webpage.
Step 9: You can draft a complaint.
If your state's attorney general gives a complaint form, use it.When you fill out a form, you will be asked for your personal information as well as the company you are complaining about.You will be asked to describe the actions you believe are illegal.The attorneys general office can make an educated decision if you give them as much detail as possible.If your state doesn't have a form to use, you will have to make your own complaint.Information about yourself and the company you are complaining about will be accepted by most state attorneys general offices.The format of your complaint doesn't matter, it needs to be easy to understand.
Step 10: You can file your complaint.
You can file your complaint online, through email or in the mail.Washington has an interactive system that will allow you to fill out the form online.Clicking "submit" will allow you to send it along.If your state does not allow online submissions, you will have to email or mail it.The address where your form can be sent should be given when you sign up for a form.If you don't have a form, you can call the attorneys general office to find out how the form should be submitted.Most states make complaints public after they've been submitted.The public will be able to see anything you write if they look for it.
Step 11: You should follow up on your complaint.
The order in which the complaint was received will be reviewed.In small states, attorneys general offices can get over 3000 complaints each year.It could take up to a month for your complaint to be processed.Legal experts will review your complaint to determine the validity of your refusal to deal claim.If your complaint is valid, the attorneys general office may take action against the company.If your complaint is not actionable, the office might file it away for future reference.The attorneys general office will contact you if they have any questions.
Step 12: The FTC's Bureau of Competition can be found on the website.
The FTC can bring administrative actions against companies that are violating antitrust laws.When the industry in question is highly regulated, the FTC will usually get involved.The citizen complaint process is one of the ways the FTC becomes aware of possible violations.You can find all the information you need about filing a complaint at the FTC's Bureau of Competition website.
Step 13: Make a complaint.
The bureau of competition does not have a form you can use to file a report.You will need to make your own.When drafting your report, the Bureau of Competition gives you some guidelines.You don't have to use a certain format for your report, but you do need to make sure it's legible.What company do you think is engaged in illegal activity by refusing to deal?Does the company restrict access to essential facilities or refuse to work with a competitor that they have worked with before?Are you a consumer, competitor, or both?Is that correct?
Step 14: Send in your complaint.
Email or regular mail can be used for FTC Bureau of Competition complaints.The Office of Policy and Coordination, Room CC-5422, Bureau of Competition, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580 is the place to send your complaint.Send your complaint by email to antitrust@ftc.gov.If you have confidential information, it's a good idea to send it through the mail because emails are not secure.The Bureau of Competition won't respond to your complaint.
Step 15: Go to the Antitrust Division website.
The DOJ's Antitrust Division is the sole government entity that brings federal lawsuits.If harm has been suffered by the United States, the DOJ can ask forjunctive relief and treble damages.If you notice that a company's refusal to deal may be hurting the United States, you should file a complaint with the DOJ.In recent years, the DOJ has been hesitant in bringing refusal to deal cases.The Department concluded that liability for refusals to deal should not be a part of Section 2 enforcement.If you think you have a strong case against the company, the DOJ might not be able to help you.
Step 16: The report violations link can be found.
Click the link on the left side of the screen to report violations.You can find all the information you need on this page about how to make a complaint, where to submit it, and how it will be processed.Make sure to read through the information carefully.
Step 17: A report can be created.
When making an antitrust complaint, the DOJ does not give you a form to use.You will have to make your own from scratch.Make sure your letter is legible and easy to understand.What are the names of the companies involved in your document?Do you think the companies have broken antitrust laws?Can you tell me about the type of conduct the company is engaging in?Which product or service is being affected?Who are the main competitors to this company?How do you fit in?How are they being harmed?
Step 18: The Citizen Complaint Center is where you can submit your report.
You have to submit your complaint by mail, email, or over the phone after you have answered the questions.The Citizen Complaint Center, Antitrust Division, 950 Pennsylvania Avenue, NW, Room 3322, Washington, DC 20530 is where you can submit your complaint.You can email your complaint to antitrust.complaints@usdoj.gov.If you want to speak to someone, you can call the CCC.
Step 19: Follow up with the organization.
A preliminary review of the information you provided will be conducted after you submit your complaint.Your complaint will be forwarded to the proper legal team if it raises valid concerns.A more thorough investigation will lead to a formal investigation and litigation.The CCC will contact you if they need more information.You won't be notified if an antitrust investigation is opened as a result of your complaint.
Step 20: Evidence of illegal actions should be gathered.
Private parties like you bring Section 2 violation actions to federal court.You need to provide enough evidence to convince a judge that a company is not willing to deal.If you see a possible violation, gather and keep as much evidence as you can.Market research that concludes that a certain company is a monopolist helps prove the harm done to competitors.
Step 21: Hire a lawyer.
If you think you have enough evidence to move forward, contact an antitrust litigation lawyer.You will need an expert to help you through the process of antitrust law.If you are going to file a lawsuit in federal court, you should hire a federal lawyer.State experts can be hired if you plan on filing in state court.Ask your friends and family for recommendations to start your search.Referrals are a great way to find a lawyer.Contact your state bar's lawyer referral service if you don't get good recommendations.After answering a few general questions about your case, you will be put in touch with various lawyers in your area.
Step 22: Review your case's strength and likelihood of success.
Discuss your case with the lawyer you hire.The strength of your case and how likely you are to succeed will be assessed by your lawyer.Private suits that claim refusal to deal account for a large percentage of Section 2 cases are difficult to win.In recent history, only 2% of all cases have received a favorable ruling.In about half of the cases, defendants receive a favorable ruling.All Section 2 claims are eliminated through the use of motion to dismiss and motions for summary judgment.
Step 23: Measure your standing to file a lawsuit.
To bring a refusal to deal case in federal court, you need to show the court that you are the right person to bring the case.You need to show an antitrust injury that has hurt your business or property.You must be able to show that your injury is not too close to the violation.If you are only trying to get injunctive relief, as opposed to damages, the remoteness requirement will be relaxed and you may be able to pass the test even if your injury is only threatening.Ask your lawyer if you have any questions about standing.They will know how to get through this legal barrier.
Step 24: The statute of limitations should not have expired.
You have to file your federal lawsuit within four years of the injury.If your injury is too speculative, this time may be extended.When your injury is provable, the four year window will start.Each individual act that threatens competition may restart the four year clock if the company continues to refuse to deal.It's important to speak with a lawyer as soon as possible.If the statute of limitations passes, you won't be able to bring an otherwise valid case.
Step 25: You can file a complaint.
Your lawyer will file a complaint in the correct court if you and your lawyer conclude that a lawsuit is likely to succeed.A complaint starts a lawsuit.Information about the allegation, the relief you are seeking, and why the court should hear your case will be included in it.
Step 26: You should serve the person.
The court seal will be stamped on the summons form after the lawsuit is filed.You will need to give a copy of the form and complaint to the defendants in your case.This is when you serve the person.You won't be allowed to complete service on your own.You will need someone over the age of 18 who is unrelated to the case to complete the service for you.You can hire the sheriff's office in state court to complete service on your behalf.
Step 27: The response of the defendants should be analyzed.
The defendants will have an opportunity to respond after you give them a copy of your complaint.They will usually serve you with a copy of the answer and then file an answer with the court.The answer will show you why the defendants think they shouldn't be held liable.The response will include any affirmative defenses the defendants have.The document will give you clues about how to proceed with litigation.If the defendants claim that you don't meet one of the elements of a valid case for refusal to deal, you will have to focus on that.
Step 28: Take part in discovering.
The process of discovery will begin once initial pleadings have been exchanged.In order to prepare for the trial, you and the other party will exchange information.You will be able to gather facts, interview witnesses, see what the other side says at trial, and determine how strong your case is.Depositions are formal in-person interviews with parties and witnesses and can be used to do these things.The answers given in the interviews can be used in court.Interrogatories are questions posed to parties and witnesses.The answers can be used in court.There are requests for documents related to the case.You have the chance to ask for documents that are not available to you.Text message exchanges, phone call summaries, email exchanges and internal memos are some of the types of documents you might want.The defendants will be required to admit or deny the requests for admissions.What is really at dispute in the litigation is what these admissions help focus on.
Step 29: If there is a motion for summary judgement, oppose it.
The defendants will usually try to end the litigation and have the judge rule in their favor.A motion for summary judgment will be filed by the defendants.To be successful, the defendants will have to prove that there are no genuine issues of material fact and that they are entitled to judgement as a matter of law.They will have to convince the judge that you would still lose the case if every factual assumption was made in your favor.You will file a response to defend against the motion.Evidence and affidavits show that factual disputes need to be argued in court.The judge needs to be convinced that there is a chance that you could win at trial.The litigation will continue if you can convince the judge of this.
Step 30: Attempt to resolve the issue.
Time and money are spent on trials.You should try to settle your case before it gets to that point.Both parties have a good idea about the strength of their case and this is a great time to negotiate a settlement.Both parties will have a good idea of how the judge is feeling based on the summary judgment proceedings.Sit down with the defendants informally.Alternative dispute resolution methods can be used if an agreement can't be reached.Ask the person if they will take part in mediation.A neutral third-party will sit down with you and the other party to discuss ways to resolve the dispute.The mediation will not take sides.If mediation doesn't work, try non-binding arbitration.An arbiter will listen to each party's case.A written opinion will be drafted by the arbitrator stating who has the stronger case and what remedies could possibly be awarded.Both parties can agree to be bound by the decision if they agree with the arbitrator.
Step 31: Go to trial.
If your case goes to trial, your lawyer will present evidence to the judge or jury.You will be able to examine witnesses and present physical evidence when you are the plaintiff.The defendants will have an opportunity to do the same when you are done presenting your case.The judge and jury will deliberate after the trial is over.When a decision is made, it will be read in court.If you win, you could be awarded money damages or other relief.You will not be held liable for refusing to deal if you lose.You can appeal the decision to a higher court if you think the judge made a mistake.Ask your lawyer if this is an option.Appeals have to be filed within 30 days of judgment being entered in favor of the defendants.