Legal Question in Business Law in New York

Restraint of trade???

Can a company tell a distributor (me) that a particular product they buy has to go through another distributor and then pressure the manufacturer of this product line to take it away from me and give it to this other dist to sell?? & do i have recourse???


Asked on 9/06/06, 4:06 pm

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Restraint of trade???

This would all depend on your relationship with the distributor and what rights you were granted by the contract, such as were you granted the right of sole distributor. Feel free to contact my office for further discussion of your case. 2127098303

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Answered on 9/07/06, 12:36 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Restraint of trade???

It depends on the relationships between the parties. You have not given enough information:

this could conceivably be actionable if it is intended to damage your business and has no independent, bona fide reason.

However, the manufacturer is also free to contract with an exclusive distributor.

If you wish to discuss this further let me know.

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Answered on 9/06/06, 5:44 pm


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