Unfair Competition and Business Practices / Antitrust

Lawyers at Gradstein & Marzano have successfully represented individuals, small to large business entities, and major corporations across the country in state and federal courts in a wide range of antitrust, unfair competition and unfair business practices matters.

We have prosecuted and defended claims in a myriad of business tort and contract disputes under the Sherman Act, Clayton Act, Robinson-Patman Act and other federal laws, as well as the Cartwright Act, and California’s Unfair Business Practices Act (Business & Professions Code sections 17200 and 17500), and similar laws in other states in matters involving:

  • Tortious interference with contract or prospective business advantage
  • Inducement of breach of contract
  • Business conspiracy
  • Breach of fiduciary duty
  • Misappropriation/unfair competition
  • Misappropriation of trade secrets
  • False advertising
  • Fraud
  • Intellectual property
  • Violations of non-solicitation and non-compete agreements
  • Predatory and below-cost pricing, and price discrimination
  • Price-fixing
  • Libel, defamation and slander
  • Other torts and unfair practices

Some of our representative cases include:

  • Unfair competition actions involving pre-1972 musical recordings against Sirius XM and Pandora
  • Defending against claims brought in federal court for fraud, tortious interference, unfair competition and deceptive trade practices by jewelry maker Alex and Ani in the United States District Court for the District of Rhode Island
  • Obtaining summary judgment in favor of a Las Vegas resort rejecting a multi-million dollar monopolization claim in a federal antitrust action brought under the Sherman Act, which was upheld on appeal before the Ninth Circuit
  • Obtaining dismissals in a California state court complex litigation matter involving alleged violations of the Cartright Act and California Business & Professions Code Section 17200 claims against mobile home parks and owners
  • Representing major toy manufacturer MGA Entertainment, Inc. against Mattel, and in connection with claims for monopoly of the fashion doll market
  • Defending corporate executives in federal court MDL litigation arising out of alleged price‑fixing claims

By aggressively pursuing remedies both through litigation and negotiation, we have been able to achieve favorable results and settlements for our clients including the recovery or limitation of damages, restitution, retention of clients and property, injunctive relief, disgorgement of ill-gotten gains and unjust enrichment, as well as punitive damages.

Contact us either by telephone 323-776-3100 or though the following link to discuss your matter: Contact us