Question:

Is it legal for one of my competitors to tell a manufacturer not to sell to me?

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Is it legal for one of my competitors to tell a manufacturer not to sell to me?

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5 ANSWERS


  1. No. Review federal trade regulations. Clayton Act is violated here. Also, familiarize yourself with Sherman, Robinson-Patman, and the FTC Act. Only you have enough specific information to determine which act or acts apply to this restraint on fair trade.


  2. If you've suffered some kind of harm for it, then it might be actionable as unfair/uncompetitive practices, but probably not because unless you have a contract with the manufacturer, they can sell (or refuse to sell) to any customer they want. Or, if they sign an exclusive deal with this competitor, then everyone in your field is frozen out, which is within their rights to do.

    The question, then, is why the manufacturer would listen to your competitor?  

  3. In no way is this legal advice just my opinion but I do believe that it violates antitrust laws .  

  4. Legal yes, ethical no. However, if they are using lies (slander) to make their position, than you may very well have legal recourse. You would have to know the circumstances under which they are advising the client to not do business with you.

    It's still a free market, so them telling them not to buy from you doesn't mean they have to listen. Their tactics seem disgusting though.  

  5. No, it's not legal but nowadays, you have to have someone to enforce the laws.  We don't have anyone that will enforce that law for you, sorry charlie.

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