Antitrust laws are designed to prevent attempts by companies to create a monopoly and otherwise limit competition.  Parties engaging in that type of activity often violate various state and federal laws including California’s Cartright Act (Business & Professions Code §16720 et. seq.), the Federal Sherman Act § 1 (15 U.S.C. § 1) and the Clayton Act § 3 (15 U.S.C. § 14).

One type of anti-trust violation is known as an illegal tie-in or tying agreement.  ”A tying arrangement is a device used by a seller with market power in one product market to extend its market power to a distinct product market.” [Paladin Assocs., Inc. v. Mont. Power Co., 328 F.3d 1145, 1159 (9th Cir. 2003)]

The essential characteristic of an unlawful tying arrangement is the seller’s exploitation of its dominance in the tying market to force the purchase of the tied product. [Sherman Anti-Trust Act, § 1, as amended, 15 U.S.C.A. § 1.]

When a consumer is forced to purchase the tied product when the consumer would not do so in a competitive market, a tying arrangement is unlawful. [Jefferson Parish Hosp. Dist. No. 2 v. Hyde, 466 U.S. 2, 13-14].

In essence, a seller may not use its market power in one market “to impair competition on the merits in another market.” The consumer is injured when her freedom to select the best bargain is impaired by her need to purchase the tying product.  She may also be injured when she is unable to evaluate the true cost of either product when they are only available as a package.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

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On  of  the most common claims in business disputes are allegations one party committed fraud to induce another to  enter into a contract.

Fraud requires: (1) a misrepresentation of a material fact; (2) knowledge of the falsity; (3) intent to deceive and induce reliance; (4) justifable reliance; and (5) resulting damages. [City of Atascadero v. Merrill, Lynch Fenner & Smith (1998) 68 Cal. App.4th 458]

A party claiming fraud has to prove each of these elements.  Proving knowldge of the falsity and intent to deceive are not  always easy to prove, but can be based upon inferences.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Business Litigation  |   No Comments/Questions

People seem to be confused on what constitutes a contract.  Often times people think that a contract is a written document signed by the parties  involved.  That is not always the case.  A contract can be written, oral, partially written and partially oral.  It can also be based upon conduct.

The Restatement of Contracts says: “A contract is either express or implied.  An express contract is one, the terms of which are stated in words.  An implied contract is one, the existence and terms of which are manifested by conduct.”

Express and implied-in-fact contracts have the same legal effect, but differ in how they are proved at trial: “‘Contracts may be express or implied. These terms, however, do not denote different kinds of contracts, but have reference to the evidence by which the agreement between the parties is shown. If the agreement is shown by the direct words of the parties, spoken or written, the contract is said to be an express one. But if such agreement can only be shown by the acts and conduct of the parties, interpreted in the light of the subject-matter and of the surrounding circumstances, then the contract is an implied one.’” (Marvin v. Marvin (1976) 18 Cal.3d 660, 678)

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

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