QUESTION

What is a Monopoly?

Asked on Jun 26th, 2014 on Business Law - New York
More details to this question:
I have been selling my soap and cream at the local farmers market but the competition doesn't want me there on the days that he sells do I have a legal recourse in this my business depends on me being there every week now the market manager says that I cant
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1 ANSWER

Appellate Practice Attorney serving New York, NY
In some circumstances, preventing a competitor from entering a market could be considered an antitrust violation, but this is not one of them.  Do you have a lease or other contract with the market which gives you the right to utilize its space?  If so, what does the lease provide?  Absent a contractual right, or discrimination on a prohibited basis (race, gender, etc.), or some zoning issue, a landlord  has the right to lease its space, or not lease its space, to whatever tenants it wishes.  It is not uncommon for tenants to protect their rights with restrictive covenants in their leases which prohibit the landlord from renting space in the particular shopping center or market to a competitor.  Although your competitor may not have such a restrictive covenant which mandates that the landlord keep you out, if the landlord agrees to keep you out, it has the right to do so.
Answered on Jun 27th, 2014 at 8:39 AM

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