Even if your business practices were made with the best of intentions, Georgia antitrust laws can easily misinterpret a simple mistake as an illegal crime, leaving you the subject of an antitrust investigation.
At Griffin Durham Tanner & Clarkson LLC, our Georgia antitrust defense lawyers are committed to protecting the rights of our clients and their businesses.
As accomplished trial lawyers, we know how to effectively argue complex antitrust cases before state and federal courts. Contact our Atlanta office at (404) 891-9150 or our Savannah office at (912) 867-9140 to schedule a consultation with one of our experienced antitrust attorneys.
Georgia antitrust laws
Before the implementation of antitrust laws, companies were able to monopolize markets and manipulate prices for their own financial gain. This led to consumer exploitation, grossly inflated prices, and less competition within the market.
By prohibiting these anti-competitive practices, antitrust law keeps the playing field level and gives businesses of all sizes an equal opportunity to compete.
The federal government has enacted a number of antitrust laws that promote fair competition and discourage unjust monopolies, including the Sherman Antitrust Act, the Clayton Antitrust Act, and the Federal Trade Commission Act.
In addition to these laws, Georgia has its own set of antitrust-adjacent laws designed to complement the federal statutes. Businesses in Georgia must abide by both federal and state antitrust laws in order to remain compliant with the law.
Two state laws are particularly important to note:
- The Uniform Deceptive Trade Practices Act: This act prohibits deceptive and unfair practices that are widely considered to be unethical.
- The Fair Business Practices Act: Meanwhile, this act seeks to protect consumers from market manipulation.
If you believe that you have been wrongly accused by the federal or state government for engaging in unfair business practices, call our firm.
Our comprehensive antitrust defense services extend far beyond the courtroom. We also provide clients with strategic advice to minimize the risk of future antitrust violations and sustain lasting success.
Our attorneys are here to provide experienced legal advice to our clients whenever they need it. Each business decision carries its own unique legal implications, which is why it’s important to consult an antitrust attorney before making any major moves.
Whether you’re considering a new business venture or want to know more about the antitrust implications of a potential merger, our attorneys can provide you with the insight and guidance you need to make an informed decision.
Prevention is the best form of defense, which is why our attorneys take proactive steps to ensure that our clients’ businesses remain in compliance with antitrust laws. We provide detailed guidance on proper business practices and regularly review our clients’ advertising, pricing, and sales practices for compliance.
If our clients have a history of alleged antitrust violations, we can create a risk mitigation plan to minimize their chances of getting into trouble in the future. This plan may include training sessions to increase employee awareness of antitrust regulations, internal audits, and regular risk assessments.
Even with excellent compliance strategies in place, a business may find itself entangled in an antitrust dispute. If this happens, our experienced antitrust lawyers are here to provide aggressive and effective representation.
We always strive to reach a satisfactory resolution without needing to go through a lengthy and costly trial. However, if we do need to take the case to court, our trial attorneys won’t hesitate to put their litigation skills to work.
Why choose Griffin Durham Tanner & Clarkson LLC
At Griffin Durham Tanner & Clarkson LLC, our legal experience spans the full range of business law — but we’re trial attorneys above all else. Whether your case is being handled by federal or state authorities, we have what it takes to mount a strong defense.
Our firm is led by former federal prosecutors, giving us a unique perspective when defending clients against federal antitrust investigations. We’ve tried and won some of the most highly publicized white-collar criminal cases of recent times, with some even resulting in investigations closed without the public ever knowing they occurred.
Put simply, we’re the team you want on your side when it comes to antitrust matters. Exceptional service isn’t just something we strive for — it’s what we expect of ourselves — and you can count on us to deliver.
Possible defenses for violating antitrust laws
Various activities may constitute antitrust violations, so each case must be evaluated on its own merits. However, there are a few general types of defenses that may be available to those accused of violating antitrust laws.
The United States Constitution protects defendants against overzealous prosecution. Our attorneys can evaluate whether your constitutional rights were violated during the investigation and use it as a defense strategy if necessary. For example, if evidence was obtained illegally, it may be inadmissible, and the case against you could be weakened.
The prosecution has the burden of proving that the defendant violated the antitrust laws. This can be a challenging task, even for the most seasoned prosecutors, as there are several specific definitions and technical terms used in this area of law.
Our attorneys can evaluate the prosecution’s evidence and craft a strategy that denies each element of the charge, making it more difficult for the prosecution to secure a conviction.
Certain activities may be exempt from antitrust laws. Our attorneys can evaluate the facts of your case and determine whether a statutory defense may provide you with partial or total protection against criminal liability.
Types of antitrust violations
Antitrust violations take many forms and can involve a wide range of businesses, from small mom-and-pop businesses to large multinational corporations. If you’ve been harmed by any of the following practices, you may be eligible to pursue a claim.
This refers to a situation in which two or more companies agree to divide markets between themselves rather than compete for customers. This type of agreement reduces consumer choice and can lead to inflated prices.
Price fixing occurs when two or more competitors come together to agree on the prices they’ll charge for their goods and services. The companies involved may use this scheme to drive up prices and make more profit, even if it hurts consumers in the process.
Some business contracts involve competing bids that are then evaluated by an awarding authority. In an illegal practice known as bid rigging, bidders may coordinate their bids in order to manipulate the awarding process and ensure that one of them wins.
These are just a few of the more common examples of antitrust violations. Many other practices can constitute a violation, so don’t hesitate to contact our Georgia white-collar crime defense attorneys if you have been wrongly accused of an antitrust crime.
Speak with a dedicated Georgia antitrust attorney today
Led by former federal prosecutors, at Griffin Durham Tanner & Clarkson LLC, we have a deep understanding of antitrust law and can provide the aggressive advocacy you need to protect your rights.
Antitrust litigation can be intimidating, but you don’t have to go through it alone. Call us today at (404) 891-9150 (Atlanta) or (912) 867-9140 (Savannah) to schedule a consultation. You can also complete our online contact form, and a member of our team will be in touch.