Legal Question in Business Law in New Jersey
Company A, an Aeronautical Engineering Firm in Switzerland, has a 20 year non contractual history of providing aircraft instrumentation and various other parts needed for Company B, an aircraft manufacturer in Switzerland, to manufacture parts, obtain parts from third parties and provide support, repair, or replacement for existing aircraft previously sold by Company B. Company C, home office in New Jersey with international sister offices, has manufactured the proprietary part for company A and provided parts to company A, based on requests for parts provided to Company A by Company B. Company A has purchased said parts from Company C for 20 years, one of which is proprietory to Company A and to no other, without prior request for information regarding the markup on the sold parts that Company A takes to make a profit when reselling the parts to Company B. After 20 years company C is now making demands for Company A's price list to Company B. Company C has demanded that Company A take a fixed percentage increase of 10% on stock not held by company A prior to reselling it and no more than 20% markup on stock held in stock prior to reselling. Company A feels that Company C is commiting unfair trade practice, unfair export practice, antitrust-unfair Trade practice, unfair competition, international trade agreement, verbal contract, and or other laws and statutes either criminal or civil. Company C sent their sister company D in France to Company A to obtain the price list, inside company secrets in stocking, price modeling, distribution secrets, and other information. We believe this attempt to obtain this information is two fold: either to restrict the profit of Company A in effect forcing them out of business enabling Company C to deal directly with Company B, or force them out of business by Company A having to refuse to provide the parts to Company B without having to go out of business thus allowing Company C to then approch Company B directly to begin a new business relationship in effect taking over for Company A.
Can you give us some ideas that would allow us, Company A, to deny the request for our billing information, and yet ensure us that Company C continue the 20 year verbal contract and continue providing parts without intervention and control on the markup.
Note: There is no relationship of ownership between company A, B, or C.
Thank you in advance for this state specific, country specific, industry standard specific answers based on both international law, federal law country specific for the 3 countries involved, and for the New Jersey statutory and case law analysis, review, and specific guidance. A road map would be helpful.
5 Answers from Attorneys
The analysis you want is far beyond the scope of this site. You should hire a lawyer (or, more likely, several) to advise you.
You are requesting a highly involved legal analysis and opinion involving many jurisdiction and issues. You need to retain your own counsel, who can do the research and advise you accordingly.
I agree with the other attorneys. This site is for very simple questions and answers and you should never use it in place of a real attorney.
The other attorneys are right on point. But you wanted a road map, so here it is: Consult with an attorney in your area for specifics on the various issues raised.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Your questions are complex and interesting. There is a lot involved here, and it is not possible to answer your questions directly.
I suggest you call me, and set up an appointment (in person or telephonic) to start working this through.
Robert F. Davies, Esq.,
Phone: 201-820-3459, Hackensack New Jersey.
Let my secretary know you found me through LawGuru.
Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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