When Business Torts Give Rise to Antitrust Liability

In the appropriate circumstances, the conduct underlying unfair trade practices and other business torts can also give rise to an antitrust claim. Especially in markets characterized by vigorous competition, attorneys who counsel and litigate on behalf of bitter rivals must be able to not only recognize potentially tortious competitive conduct, but also understand when conduct may be considered anticompetitive, raising the risk of liability under antitrust laws. Although the legal consequences of committing an unfair or deceptive trade practice may be severe, the consequences of violating antitrust laws can be devastating. In addition to injunctive relief, a successful antitrust plaintiff will be entitled to recover three times its damages plus the attorney fees incurred in pursuing the action.