Fighting Criminal Charges of Price Fixing
Under the Sherman Act, price fixing is illegal when competitors collude to determine the cost of products in a way that harms the public. The court views price fixing as either illegal per se - when competitors conspire to charge higher prices; and, when suppliers and manufacturers conspire "vertically" to raise costs to consumers. Here, if a pricing scheme is technically legal but, by a quick look rule of reason, is intended to clearly inflate prices that results in harm, the burden to prove otherwise falls on the defendant.
In each instance, price adjustments, competitive price matching, and territorial divisions may look like a pattern of price fixing to over-zealous state and federal prosecutors. Since the application of the quick look rule of reason provides greater leeway for prosecutors, it's essential to hire a lawyer who understands how state and federal investigations are prepared and conducted.
As a former state and federal prosecutor, criminal defense attorney Dan Guthrie understands how state and federal investigators operate, the rules that govern surveillance and evidence in both, and what must be done to cooperate with the authorities. Mr. Guthrie protects his clients' rights while leveraging the law when and where he can to preempt further investigation of his clients. To schedule a free consultation regarding your case, contact white collar crimes defense attorney Dan Guthrie today.
Allegations of Price Fixing
Criminal defense attorney Dan Guthrie represents clients accused of the following in price fixing cases:
- Artificially inflating prices
- Bid rigging
- Collusion to divide up business territories
- Fixing minimum pricing schedules
- Selling goods below market value
- Dumping to temporarily decrease prices
- Conspiring to reduce competition
Determining Economic Harm and Criminal Intent
In order to convict the accused of price fixing, the prosecution must establish that a defendant intentionally conspired to fix prices or harm competition. What may be a strategic positioning of resources or a creative pricing schedule may look like price fixing under the quick look rule of reason. That's why it's important to retain legal representation as early as possible.
Investigators will not tell you everything they know nor to whom they are talking. They may offer a plea bargain to another suspect who blames you for crimes you did not commit. Or, investigators may approach you with the intent of arresting you days or weeks later, pretending to sympathize with you, leaving the impression that you are not under suspicion. As a former state and federal prosecutor, Dan Guthrie is familiar with the tactics used by investigators to gain the confidence of a suspect or us an interview to gather evidence.
Contact Criminal Defense Attorney Dan Guthrie Today
If you are currently under investigation or have already been arrest on a charge of price fixing, contact white collar crimes defense lawyer Dan Guthrie today to schedule a free, confidential consultation to discuss your case.
