I am a wholesaler. Can I refuse to sell a retailer my merchandise because I have customer in the area that buys large quantities of merchandise?
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I am a wholesaler. Can I refuse to sell a retailer my merchandise because I have customer in the area that buys large quantities of merchandise?
The original long standing customer wants me to sell exclusive to its business and the new customer wants to sue my co. for refusal to sell to her. The new customer use to work for the old customer and is now her competitor.
Asked on May 12, 2009 under Business Law, Maryland
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You should discuss this situation with a Maryland business lawyer as soon as possible, and before you take any further action one way or another. One place to find qualified counsel is on our website, http://attorneypages.com
There are a number of facts, beyond what's in your question, that your lawyer will need to know. Some of these will include what kind of merchandise you're selling, and what effect your refusal to sell would have on your prospective new customer. Anti-trust law, and laws protecting people from unfair competitive practices, are complex, and you should absolutely not try to find your way through that maze on your own.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.