Antitrust laws are in place to promote fair competition in the marketplace. These laws aim to prevent monopolies, price-fixing and other practices that hinder competition.
The primary relevant laws in Texas are the Texas Free Enterprise and Antitrust Act and the Federal Sherman Antitrust Act. Private parties have the right to bring a lawsuit to enforce these laws.
Can your business sue for antitrust violations?
Your Texas business can take legal action against competitors engaged in anticompetitive behavior. Your company can start legal proceedings by filing a complaint in state or federal court. The complaint must outline the alleged anticompetitive behavior, identify the involved parties and specify the damages sought. Once you file the lawsuit, the defendant can respond and defend against the allegations.
How do you prove antitrust infractions?
Price-fixing, bid-rigging, market (or customer) allocation, and monopolization are examples of antitrust violations. You must provide evidence showing how these practices resulted in losses for your company.
You can demonstrate harm with various kinds of proof, including:
- Testimony of a participant in the conduct
- Suspicious bid patterns
- Travel and expense reports
- Telephone records
- Business diary entries
You must have a thorough understanding of the relevant factors. The law requires substantial evidence to prove these claims.
Possible outcomes of litigation
If you can prove that a competitor violated antitrust laws, you can seek monetary compensation and injunctive relief. In some cases, you may seek three times the actual damages. Additionally, the court may issue orders to restore competition and prevent future violations.
Texas businesses have the legal right to sue to protect fair competition. By understanding antitrust laws, your business can seek remedies for anticompetitive behavior.
