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Antitrust litigation involves legal disputes focused on promoting fair competition and preventing anticompetitive practices in the marketplace. In New Hampshire, antitrust laws are enforced both under federal statutes such as the Sherman Act and Clayton Act, as well as the state’s own statutes that protect businesses and consumers from monopolization, price fixing, bid rigging, and restraint of trade. These laws protect the rights of both small businesses and consumers by ensuring that markets remain competitive, preventing larger companies from engaging in unfair practices that limit choices or manipulate prices. Litigation typically arises when claims are brought alleging violations such as collusion between competitors, predatory pricing, or merger activities that could reduce competition.
Antitrust litigation is complex and can have significant financial and operational impacts on both companies and individuals. You may need a lawyer if you are:
An antitrust lawyer can clarify your rights, assess your risks, and help you develop a legal strategy based on local laws and federal statutes.
New Hampshire enforces antitrust regulations through both state law and federal statutes. The state has adopted its own Antitrust Law (RSA 356:1 et seq.) that closely mirrors federal antitrust provisions. The New Hampshire Attorney General’s Office, Bureau of Consumer Protection and Antitrust, plays a leading role in enforcing these state laws. Key aspects include:
The interplay between state and federal laws means that antitrust litigation in New Hampshire often involves both state courts and federal courts, depending on the scope and nature of the alleged conduct.
Antitrust litigation involves legal disputes where one party alleges that another has engaged in practices that unlawfully restrict competition, such as monopolization, price fixing, or other forms of collusion or unfair trade practices.
Both federal laws (the Sherman Act, Clayton Act, and Federal Trade Commission Act) and New Hampshire’s state antitrust laws (RSA 356:1 et seq.) govern antitrust conduct within the state.
Antitrust laws are enforced by both federal agencies, such as the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission, and by the New Hampshire Attorney General’s Office.
Yes, individuals and businesses harmed by antitrust violations in New Hampshire can file civil lawsuits to recover damages, sometimes including treble damages if provided by law.
Examples include price fixing between competitors, bid rigging on government contracts, market allocation agreements, exclusive supply or distribution arrangements, and predatory pricing intended to drive a competitor out of business.
Mergers and acquisitions that significantly reduce competition in a particular market can trigger reviews by state and federal authorities to ensure they do not create illegal monopolies or substantially lessen competition.
Plaintiffs in antitrust litigation in New Hampshire may be able to recover actual damages, treble damages, attorney fees, and injunctive relief to stop unlawful conduct.
Contact an experienced antitrust attorney immediately. Do not destroy any documents or communicate about the allegations except with your legal counsel.
The statute of limitations for antitrust claims varies, but federal claims are generally subject to a four year period, while New Hampshire’s laws set a similar time frame. Always consult with an attorney to confirm deadlines for your specific situation.
Yes, common defenses include lack of intent, absence of harm to competition, statutory exemptions, and proof that the alleged conduct was justified or legal under the circumstances. Your attorney can advise on the best defense based on your particular case.
These organizations provide valuable information, guidance, and sometimes referral services to individuals and businesses dealing with antitrust issues.
If you believe you are involved in, or affected by, antitrust violations in New Hampshire, consult with an experienced antitrust attorney as soon as possible. Gather all relevant documentation such as contracts, communications, business records and investigation notices. Reach out to the New Hampshire Attorney General’s Office if you need assistance or wish to report misconduct. Take immediate steps to preserve evidence and avoid making public statements without legal advice. The sooner you involve legal counsel, the better prepared you will be to protect your interests and navigate the complexities of antitrust litigation.
