So, What would it take to file anti-trust action against Wal-Mart?

[benburch]

Does such an action need to originate with the government? Or could a non-profit be founded that could raise funds for the attempt and prosecute the suit?

[bryant69]

1. I'm pretty sure a non-profit could

But no way would you win that suit I don't think. I mean if they couldn't make it stick against Microsoft who really doesn't have any competitors, how are you going to make it stick against Wal-mart when they have Target and K-Mart and others they have to compete against?

You'd be better off focusing on putting some teeth in American labor law--that would take care of Wal-mart.

Bryant
check it out --> http://politicalcomment.blogspot.com

[SheilaT]

2. A wronged group needs to

be represented. I suppose a group of small businesses who folded when Wal-Mart came to town would be a good start. Then you'd need to find a law firm willing to take the case. The potential settlement could be huge, meaning the lawyers would have incentive to do this. But it would be years and years before there'd be any hope seeing any money.

[tsuki]

12. I have often wondered. In Florida, there is an actual law that states

you cannot retail below wholesale. I have a retail shop, and I know the WalMart has "re-light" on special items (like videos) that they advertise below wholesale. (Part of their "git 'em in, load 'em down.)

[ChairOne]

3. A close and careful reading of the *acutal* antitrust statutes....

... for starters...

[benburch]

4. Obviously...

I am assuming that out of 65000 members here, there are a few lawyers who know.

You or I reading the laws would do nothing as what the law says on paper and how it is used differ due to precedent and customs of the court. Neither of which I have a clue about.

[ChairOne]

7. Whoa - talk about recognizing the lion by the print of his paw....

dammit.... shoulda paid more attention to who the poster was in the first place... my bad...

I'm pretty sure I clearly said "for starters"

But maybe you're right - maybe the actual law really does have NOTHING to do with either (a) how it is used, (b) the case law built on top of it, and (c) the "customs of the court" (what are those, btw?).

lol

[benburch]

9. If you are trying to prove that you can't have a civil dicussion...

you are doing very well.

[ChairOne]

10. Spoken like a true American....

Just to be clear on the order of events...

(1) You ask after necessary conditions for anti-trust action against WalMart.

(2) I suggest reading the actual laws, as a good way to begin.

(3) You shrug the suggestion off as irrelevant.

(4) I take issue with the alleged irrelevance of the law in regards to filing suit.

(4) All of a sudden I'm the one who can't have a civil (sic) discussion.

Americanism at it's best. Who cares what the actual facts are - emotional bandwagoneering is all that matters! Woohoo!

[OneTwentyoNine]

5. Never fly IMO.....

The main thing you'd have to prove is that they sell items at a loss to run competition out of business and then raise the price of said item. You won't be able to do that.

[Solon]

8. Wal*Mart does that on a regular basis, and they were caught too...

but when fined, its just the price of doing business and they go on doing it, they haven't obeyed any laws that protect competition in over 20 years. They need to get their charter pulled, fat chance of that happening though.

[OneTwentyoNine]

11. If they were caught and proveable then anti-trust and RICO laws kick in...

But it does 100% have to prove that they are selling for less than they are buying for or they can get away with it. Sad but true....

[Solon]

13. That's something I find rather intolerable...

Wal*Mart as an entity should not have the rights of a person, in such situations, there charter should be revoked, assets put under a government appointed chairman, and then all assets liquidated and sent back to shareholders, minus any taxes and fees due to the decision. This should NOT HAVE TO BE DONE BY COURT ORDER EITHER. AG's already have the power, but they never exercise it when they should.

[goforit]

6. A good state Attorney General like NY's Spitzer!!!

Go for it!!!