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Antitrust

Thomas Howard has litigated Sherman Act and Robinson Patman Act matters since 1997, both at the trial court and appellate level. He has also litigated state-based antitrust claims. He is well versed in this area of the law through handling multiple such matters in the past.

The Sherman Act § 1 prohibits "[e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States." 15 U.S.C. § 1. The Sherman Act § 2 prohibits "monopoliz[ing], or attempt[ing] to monopolize, or combin[ing] or conspir[ing] with any other person or persons, to monopolize any part of the trade or commerce among the several States." 15 U.S.C. § 2. The Clayton Act § 4 creates a private cause of action for any person who has been "injured in his business or property by reason of anything forbidden in the antitrust laws," and provides for treble damages arising from the same. 15 U.S.C. § 15(a).

The Robinson-Patman Act was enacted in 1936 to prohibit all means by which large buyers gained discriminatory preferences over smaller ones by virtue of their greater purchasing power. Because the Act is remedial, it is construed broadly to effectuate its purposes. Illegal price discrimination under § 2(a) of the Robinson-Patman Act "requires that the same product be sold at different prices to competitors." See Dart Industries, Inc. v. Plunkett Co. of Oklahoma, 704 F.2d 496, 499 (10th Cir.1983). Discrimination in services and allowances under §§ 2(d) and 2(e) of the Act likewise requires that the favored and disfavored customers stand in some competitive relationship with one another.

If you need representation or consultation on a matter that may involve antitrust issues, please give us a call to discuss your case at 303-665-9845, or contact us via e-mail, info@thowardlaw.com, with a detailed description of your issue.

Office Locations

Thomas P. Howard, LLC
842 West South Boulder Road, Suite 100
Louisville, CO 80027
Phone: 303-665-9845
E-mail: info@thowardlaw.com
Fax: 303-665-9847
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Thomas Howard is an experienced trial lawyer practicing with an emphasis in intellectual property disputes (including copyright, trademark, trade dress, trade secret, Web site infringements and other Internet-related disputes) as well as complex civil litigation (including breach of contract, interference with contract, breach of fiduciary duty, conspiracy, fraud, fraudulent transfer, trespass, negligence and nuisance).
In addition to representing clients involved in litigation, Thomas Howard frequently negotiates and drafts intellectual property-related agreements, including nondisclosure and license agreements. He has drafted and negotiated such agreements on behalf of his clients with parties as diverse as Microsoft, Best Buy, Phillips and Hyperion. MORE