How can a business sell products below cost on a promotional basis without incurring lawsuits or other legal issues from competitors or manufacturers?
1 Answer from Attorneys
The business will need to speak with a business attorney with some expertise in antitrust law so they can review your business, your pricing plans, your competitors, and other issues to determine if sales below cost could lead to state and legal issues. There could be Robinson-Patman issues and predation claims depending on the facts. An attorney needs to do a careful review and advise the business on compliance to avoid problems because violating the various antitrust laws can lead to private lawsuits for treble damages among other claims.
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