Staten Island
Antitrust Violations
Lawyer
Staten Island Antitrust Violations Attorney
Running any type of business entails substantial risks and incredible challenges. Unfortunately, some business owners engage in underhanded and illegal methods of furthering their operations and increasing profits. Some business owners unknowingly engage in these activities, believing themselves to be operating legitimately, unaware they are violating relevant laws and regulations. The antitrust laws at the state and federal levels exist to ensure a fair, competitive market for businesses and protect consumers from exploitative business practices.
Defense Representation for Staten Island Antitrust Violations
Why You Need a Staten Island Antitrust Violations Attorney
Business owners have the right to defense counsel when they are accused of a crime. For example, suppose your company becomes involved in an antitrust violation case. In that case, defense counsel is necessary for preventing the severe penalties conviction might entail and for ensuring the future of your company. Many business leaders have access to in-house legal counsel and various professional resources that can come into play in antitrust violation cases, but working with outside defense counsel can ensure a much more robust level of defense representation.
The Law Offices of Robert Tsigler, PLLC, can coordinate an effective defense by working closely with your company’s in-house legal team, but we can also form the main front of your legal defense if you do not have an internal legal department. Our firm has successfully represented many business owners across all industries in antitrust violations cases, and we are ready to apply our experience to your case.
Understanding New York Antitrust Laws
Examples of Antitrust Violations
Business leaders are expected to make fair decisions when handling their operations, especially regarding preserving fairness and consumer choice in the market. “Antitrust violations” is a broad term that can apply to many different offenses, including:
- Price fixing. It is illegal for manufacturers, distributors, and other supply chain members to agree on fixed prices for consumers. Price fixing invariably leads to inflated consumer prices. When competitors agree to fixed prices, this effectively controls supply and demand and dilutes consumer purchasing power.
- Bid rigging. It’s common for businesses to compete for bids for service contracts and other jobs. If competitors were to agree behind the scenes to allow one to win a particular bid and another to win a different bid, this is bid-rigging and is illegal under New York’s antitrust laws.
- Resale price maintenance, otherwise known as “vertical price-fixing.” This practice entails agreements between manufacturers and retailers to sell products at predetermined prices. Free competition between manufacturers and retailers generally benefits consumers by lowering prices, and resale price maintenance effectively prevents this.
- Market allocation. Businesses often compete with other companies in specifically defined markets. For example, two companies may offer their services within Staten Island. These companies may not divide their market territory or allocate markets to ensure mutual profitability.
- Group boycotts. Companies may not conspire amongst themselves to prevent certain products or services from entering a market. This would deprive consumers of choice and dilute market offerings.
- Tying arrangements. Businesses may not require consumers to purchase one product before buying another. Even if products are related somehow, they may not “tie” the purchase of one product to the purchase of another.
Potential Penalties for Antitrust Violation Conviction
New York state law prescribes penalties for antitrust violations based on whether the defendant is an individual or if the state presses antitrust violation charges against a business entity. If the New York attorney general files an action against an individual, the defendant could face a fine of up to $100,000 in addition to civil penalties. Corporations found guilty of antitrust violations can face fines up to $1,000,000.
Various federal statutes are likely to come into play in some antitrust cases. Some of these laws include:
- The Unfair Practices Act
- The Unfair Competition Act
- The Federal Trade Commission Act
- The Cartwright Act
- The Sherman Act, which exists to prevent monopolies from appearing
- The Clayton Act, which pertains to exclusive dealing, tying, and various types of mergers and acquisitions
- The Robinson-Patman Act, which pertains to price discrimination
Ultimately, there is substantial case law in the United States pertaining to antitrust laws. These cases are often extraordinarily complex and can lead to significant penalties for the defendant. Additionally, the defendant can face civil claims and criminal prosecution for some antitrust violations.
When private parties file civil suits against business owners or corporations that violate antitrust laws, they may have the option of joining the New York attorney general’s action against the defendant and seek treble damages for their losses. In addition, if the defendant violated the Donnelly Act, their actions might qualify for felony prosecution. In this situation, the possible penalties escalate to $100,000 in fines and four years in prison for individuals and fines in excess of $1,000,000 for corporations, plus liability for civil damages.
What to Expect From a Staten Island Antitrust Violations Attorney
Finding the proper defense counsel is crucial for avoiding a conviction for antitrust violations or minimizing any penalties. For an individual facing antitrust violations charges, a conviction could mean not only the end of their business but also far-reaching personal consequences that interfere with their life in many ways for years to come. For example, corporations charged with antitrust violations face not only significant financial penalties but also severe damage to their public reputations, potentially interfering with profitability for the foreseeable future.
An experienced Staten Island antitrust violations lawyer can provide the effective defense you need in a complicated case like this. If you have in-house legal counsel, the Law Offices of Robert Tsigler, PLLC, can coordinate with your legal department and help you form an effective legal defense. We can help you determine the most viable available defenses in your case. The modern business world is incredibly complex, and allegations of antitrust violations can appear without solid standing. Your defense may hinge on contesting the standing of the prosecution, the evidence pertaining to the underlying offense, or the statute of limitations as it applies to your case.
Generally, it is best for business leaders to avoid activities that could constitute antitrust violations. So, for example, if you attend a conference or other event with competing business leaders and discussions regarding prices arise, it’s best to walk away from the discussion, so you are not implicated in an antitrust violation.
FAQs About Antitrust Violations Law in Staten Island, NY
The attorneys at the Law Offices of Robert Tsigler, PLLC, have years of experience representing Staten Island clients in many criminal cases, including those pertaining to antitrust violations. You probably have many questions and concerns about your current antitrust violations case, and the following are some of the most common questions our firm hears from prospective clients.
What Do Antitrust Violations Attorneys Do?
Antitrust violations cases involve substantial research and extensive documentation. Your Staten Island antitrust violations attorney will help you through the discovery phase of your case, potentially uncovering exculpatory evidence that proves you did not knowingly or intentionally engage in a violation of New York’s antitrust laws. You can also rely on your attorney to guide you through your case proceedings, prepare you for cross-examination, and determine any other available avenues of defense in your case.
What Is the Most Common Penalty for Violating Antitrust Law?
The most common penalty for violating New York’s antitrust laws is a fine. However, antitrust cases prosecuted at the federal level will lead to even more substantial fines, and the defendant could face jail time. In addition, when antitrust violations directly harm consumers or other businesses, these parties also have the right to seek civil damages from the defendant.
How Are Antitrust Violations Proven?
Prosecutors filing charges for antitrust violations must prove that an intentional antitrust violation occurred, that the defendant intentionally and knowingly participated in the violation, and the activity resulted in harm to consumers. It’s also possible for specific parties to prove harm from antitrust violations. However, they must prove that a defendant’s activities resulted in measurable losses.
Who Investigates Antitrust Violations?
The Federal Trade Commission (FTC) is the federal agency charged with investigating unethical business practices in the United States. If your antitrust violation case unfolds at the federal level, it is safe to assume that the FTC will be involved in some capacity. In addition, the New York attorney general’s office is responsible for antitrust investigations at the state level.
You probably have many other questions regarding your antitrust case. A Staten Island antitrust violations attorney is the best asset to have in this situation and your best resource for the answers you need to your most important legal questions.
Find Defense Representation Today
Antitrust violations cases are some of the most complicated criminal cases in Staten Island, NY. Even large corporations may have difficulty managing their defenses against these cases, and an experienced private Staten Island antitrust violations attorney can provide a valuable lifeline in these situations. Your in-house legal team may know your internal operations in extensive detail, but this can be as much of a hindrance as it is an asset when it comes to forming an effective criminal defense. An outside legal team can help your in-house legal department be more cautious regarding forming your defense against antitrust violations charges.
The team at the Law Offices of Robert Tsigler, PLLC, has years of experience defending clients in Staten Island and throughout New York City in a wide range of criminal cases, including criminal cases pertaining to the antitrust laws of New York and the United States. We take time to carefully review all evidence in play and strive to understand each client’s unique needs and goals when it comes to their criminal defense representation. This client-focused defense strategy has enabled our team to deliver stellar results to all types of clients through the years of our firm’s operation.
As a business leader, every decision you make on behalf of your company has the potential to affect many peoples’ lives. Your decision to hire reliable defense counsel in an antitrust violations case may be one of the most important you ever make. The Law Offices of Robert Tsigler, PLLC, can help you approach this challenging situation with clarity and confidence. If you are ready to discuss your legal options with an experienced Staten Island antitrust violations attorney, contact us today and schedule your consultation with our team.
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Getting representation as soon as possible following any Antitrust Violations -related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines. Only an experienced Staten Island Antitrust Violations lawyer can successfully defend your case.
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