What kind of evidence is needed to prove an antitrust violation?
In Washington, the evidence needed to prove an antitrust violation depends on the type of violation being claimed. Generally, for an antitrust violation to be proven, the plaintiff must show that there was a contract, combination, or conspiracy between two or more persons that unreasonably restrained competition in a given market, resulting in the plaintiff being injured. An antitrust violation could be proven in Washington by providing evidence that a dominant firm is engaging in activities that allow them to maintain a monopoly in the market, such as exclusive contracts or price fixing. Witnesses, economic models, and records of pricing and market activity could be used to prove anticompetitive behavior. Plaintiffs can also provide evidence that a dominant firm has used its power in the market to exclude competitors, either by buying up their share or by using below-cost pricing to drive them out of business. Evidence such as merger documents, customer data, or industry performance reports could be used to show such practices. The evidence used to prove a violation of antitrust law must be strong and convincing. Businesses can protect themselves by making sure that they are in compliance with antitrust laws and that their practices comply with market competition principles.
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