• States v. Microsoft Corporation
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• Oxycontin
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• Hytrin
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• Cardizem
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• Buspar
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• Microsoft (Boone County Action)
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• Price Fixing
  Any agreement between competitors affecting price, whether raising, lowering, fiixing, pegging, or stabilizing prices, is illegal per se.

• Bid Rigging
  Potential bidders reach an agreement intended to affect the outcome of the competitive bidding process.

• Tying Arrangements
  A tying arrangement may be defined as an agreement by a party to sell one product but only on condition that the buyer also purchase a different (or tied) product, or at least agrees that he will not purchase that product from any other supplier.

More Antitrust Basics

1. Isn't it illegal for the manufacturer to refuse to sell me its product in my place of business?

Answer: Generally, no. In United States v. Colgate & Co., 250 U.S. 300, 307 (1919), the United States Supreme Court held that a company taking unilateral action can refuse its products to a dealer or individual. However, if the exclusive dealing involves something more, there may be a cause of action for an unreasonable restraint of trade. For example, an agreement among competitors to boycott certain businesses, suppliers or dealers can result in antitrust liability. Klor's Inc. v.Broadway-Hale Stores, Inc., 359 U.S. 207 (1959).

2. Aren't there minimum pricing laws in West Virginia?

Answer: Yes. Under the West Virginia Unfair Practices Act, W. Va. Code § 47-11A-1 et seq., a retailer is obligated to mark up his merchandise by 7% above costs. A wholesaler is obligated to mark up his merchandise by 4% of the wholesaler's costs. W. Va. Code § 47-11A-6. The term "costs" has more specific definitions in the West Virginia Code.

It is possible to price below these levels when the retailer or wholesaler, in good faith, is attempting to meet the prices of a competitor. W. Va. Code § 47-11A-8. B.F. Specialty Co. v. Charles M. Sledd Co., 197 W. Va. 463, 475 S.E.2d 555 (1996).

3. Is it possible for parent and subsidiary companies to conspire when they are separate legal entities?

Answer: Generally, no. The U.S. Supreme Court found in Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984), that parent and subsidiary companies have a joint economic interest, and therefore, cannot conspire for purposes of the antitrust laws. Furthermore, sister subsidiary corporations also cannot conspire under the antitrust laws. Advance Health-Care Services v. Radford Community Hospital, 910 F.2d 139 (4th Cir. 1990).

4. Aren't all agreements restraints of trade?

Answer: Generally, yes. However, all agreements are not unreasonable for the purposes of the antitrust laws. Standard Oil Co. v. United States, 221 U.S. 1 (1911). Only those agreements that restrain trade unreasonably are unlawful under the antitrust laws.