Legal Question in Business Law in Washington
I own an operate a retail store in a strip mall in spokane wa
my question is this: what are the law regarding competition between stores?
a store opened up next to us and are selling items we wanted to sell and items we do sell
is this legal?
3 Answers from Attorneys
Sure. You could have negotiated a lease that forbade the owners to rent out any of the other storefronts to direct competitors, but you evidently didn't do that.
Unless you can show that the landlord is actually trying to undermine your business, there probably isn't much you can do.
Yes. In fact, it would be illegal for you to try to stop them (a violation of anti-trust laws.)
The only exceptions would be if your lease provides that your landlord will not put a store that directly competes with you too near to you (then you may have a breach of contract case against your landlord, but not your competitor), or if you held the license from the manufacturer to sell certain trademarked items, and your competitor was selling the same items without holding a license.
Any attorney will tell you, you need to research what your lease says. If it contains a promise by the landlord not to put a competing store near you, that's one situation. If not, you're pretty much out of luck. Besides the law favors free competition. Consult with an attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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