Led by partners Yaman Salahi and Natasha Fernández-Silber, our Antitrust group investigates and litigates cases protecting consumers and workers from businesses engaged in anti-competitive conduct.
The antitrust laws generally prohibit agreements between competitors to restrain competition in the marketplace. Such agreements can take many forms. The following are examples of arrangements that may be unlawful:
- Price-fixing. Competitors are not permitted to agree with one another to charge the same prices on a product or otherwise not to compete on the basis of price. Prohibited conduct could include agreements about how to determine prices, discounts, pricing formulas, and terms and conditions of sale. Other conduct that directly affects prices may also be unlawful—such as agreements to limit the supply of a product or not to advertise prices.
- Market allocation. Competitors are not permitted to divide territories, customers, or workers amongst themselves. For example, it is unlawful for two competing businesses to agree not to poach one another’s employees or customers, or not to conduct business or advertise for their business in particular geographic areas.
- Bid rigging. It is unlawful for competitors to coordinate their bidding activities. That could include agreeing not to compete on certain bids, agreeing to coordinate who will submit a winning bid, agreeing to submit bids that are not genuine in order to enable a competitor to win, or refraining from a bid in exchange for a subcontracting agreement.
- No-poach agreements. An agreement between competing employers not to solicit, recruit, or hire one another’s employees is also unlawful.
Conduct similar to the above is anticompetitive and generally harms consumers by forcing them to pay higher prices, or workers by suppressing their pay. Edelson PC’s attorneys and staff stand ready to investigate any potential antitrust violations of which you may be aware. Contact us now for a free consultation.
Edelson PC’s antitrust docket includes the following matters:
- In re: RealPage, Inc. Rental Software Antitrust Litigation – Edelson PC is challenging the use of a common price optimization software that has allegedly suppressed competition in the multifamily housing rental market and resulted in higher rents.
- Jiffy Lube No-Poach Litigation – Edelson PC seeks to represent a proposed class of Jiffy Lube workers nationwide who alleged their pay was suppressed by a no-poach agreement between and amongst Jiffy Lube franchisees.
- Uber & Lyft Driver Mobility Litigation – Edelson PC represents Uber and Lyft drivers challenging the platforms’ control over how drivers price their rides as a form of vertical price-fixing under California antitrust law.