Legal Question in Legal Ethics in Pennsylvania

Hanley-Wood & Cygnus Pubs

I am a marketing consultant. I have a client that serves a market that is dominated by an 800-lb gorilla. We tried to get advertisements we created placed in the two major journals serving this industry (concrete contractors), and we were told by both publishers that they would not run any of our ads because this competitor said they would pull all of their ads out of all the magazines published by these two publishers if they allowed my client to advertise (we have a product that is better than theirs and sells for 50% the cost of theirs plus our product (concrete blades) fit on all of this competitor's saws. Is this legal? If not, can we take legal action?


Asked on 9/17/06, 3:59 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Hanley-Wood & Cygnus Pubs

In the free enterprise system, we believe in the freedom to contract or not contract. HOWEVER, the conduct you describe might well be illegal, as unfair competition or a violation of antitrust laws. You should consult your corporate counsel, or get one if you don't already. It's a fairly specialized area of law, and I'd be happy to make a referral for you.

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Answered on 9/17/06, 9:50 pm


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