Antitrust laws combat anticompetitive activity including monopolies ("trusts") and other devices to suppress competition. Anticompetitive activity exists when an entity, such as a company or a corporation, engages in any activity to prevent competition or restrain market trade in order to remain a market leader in a particular area and monopolize it. Antitrust laws were designed to preserve the free enterprise of the open marketplace by making illegal certain private conspiracies and combinations formed to minimize competition.

Certain types of anti-competitive acts are always unlawful. These include horizontal price-fixing (two or more competitors agree on what price to charge or pay), vertical price-fixing (seller and buyer agree at what price product should be resold) and market allocation (two competitors agree not to compete in a particular area or product). Other types of acts can be unlawful depending on the circumstances. These include exclusive franchise agreements (a seller grants a buyer the exclusive right to resell a product or service) and territorial and customer restrictions (a seller grants a buyer the exclusive right to resell in a particular territory or to a particular customer).

Monopolization (market domination by one company) is unlawful if a company acts with the intent to monopolize and eliminate competition. This can be contrasted with a monopoly that results from a company having a superior product and winning market share through fair competition.

Antitrust laws are enforced by the United States Department of Justice, the Federal Trade Commission, many state agencies and attorney generals and through private lawsuits. A party winning an antitrust lawsuit receives treble damages (three times the party's losses) and attorneys' fees.

Wolf Popper LLP has a successful track record in representing parties injured as a result of antitrust violations. Among its antitrust cases, the firm is currently representing individuals and union benefit funds injured by anti-competitive acts by prescription drug manufacturers. These include cases where Wolf Popper LLP has alleged that drug manufacturers made false patent applications to prevent the introduction of cheaper generic drugs. In one action, the brand-name drug manufacturer actually paid a generic manufacturer millions of dollars a year not to market a cheaper generic drug.

If you believe you have been injured as a result of, or have information about, an antitrust violation, contact Wolf Popper LLP immediately.