What kind of evidence is needed to prove an antitrust violation?

In Texas, evidence is needed to prove an antitrust violation that is consistent with established antitrust laws. Generally, antitrust violations occur when there is collusive agreement between two or more entities that harms competition and decreases consumer choice. To prove an antitrust violation, the plaintiff must show that there was a contract, combination, or conspiracy between the parties and that it had the purpose or effect of restraining competition or creating a monopoly in a given market. To prove a contract or combination, evidence may include documentation of agreements between the parties or records of meetings and discussions. Additionally, emails, letters, memos, or other correspondence that reference the agreement can help prove the case. To prove a conspiracy, the plaintiff must show that the parties had a common goal that was illegal or unethical. Evidence can include corroborating witnesses, documents that demonstrate the parties were communicating or working together, or any other proof that the parties had a vested interest in the particular outcome. Finally, to show that a violation has occurred, the plaintiff must show that competition and the public have been harmed. This can be done by showing that the prices of goods or services have increased, quality of goods or services have decreased, or consumer choice has been restricted. This evidence could include market research and economic reports.

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