Legal Question in Intellectual Property in New York

Isn't this against anti-trust laws?

There is a glossy, upscale 4/color real estate publication that prints a certain section for the New England/Upstate New York area, and has only allowed one real estate brokerage to advertise in it exclusively. Is this legal? Thank you.

A. Schoenfeld


Asked on 5/01/06, 2:01 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Isn't this against anti-trust laws?

An advertising medium such as an upscale 4-color glossy publication does not usually run afoul of antitrust law by not accepting advertising from all comers. A privately held (meaning not the government) publication can accept (or not accept) advertising from whomever it pleases unless the publication is so powerful within its industry that its selectivity unfairly prevents other, unselected entities from having a level playing field (that may run afoul of the antitrust law). If this publication is published by a government agency, that is more problematical because of constitutional controls on the government that do not exist on private enterprise.

Feel free to contact me if you wish to take your matter further.

The information provided here is general in nature and is not intended as nor should it be construed as legal advice. For legal advice concerning your particular situation, you should consult your attorney.

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Answered on 5/01/06, 5:44 pm


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