Keeping Competition Alive: Preventing Monopolies in Small Towns & Enforcing Antitrust Laws

Small towns often boast a sense of community, where local businesses thrive and residents support one another. However, amidst the charm and camaraderie, there’s a risk that monopolistic tendencies may emerge, stifling competition and limiting consumer choice. Preventing monopolies from taking hold is crucial to maintaining a vibrant and diverse marketplace. In this blog post, we’ll explore how to recognize the signs of monopolistic behavior and implement strategies to keep competition alive in small towns.

Recognizing the Signs:

  1. Limited Options: One of the hallmark signs of a monopoly is a lack of choice for consumers. If a single business dominates a particular market sector in a small town, it can deter new entrants and lead to stagnation.
  2. Price Fixing: Monopolies may engage in price-fixing practices, artificially inflating prices to maximize profits without fear of competition.
  3. Barriers to Entry: High barriers to entry, such as exorbitant licensing fees or zoning regulations, can discourage new businesses from entering the market, further entrenching the dominance of existing players.
  4. Predatory Behavior: Monopolies may engage in predatory tactics to eliminate competitors, such as undercutting prices or engaging in smear campaigns.

Prevention Strategies:

  1. Promote Entrepreneurship: Encourage entrepreneurship by providing support and resources to aspiring business owners. Initiatives such as small business incubators, mentorship programs, and access to low-interest loans can help foster a competitive marketplace.
  2. Diversify Economic Base: Foster a diverse economic base by attracting businesses from a range of industries. A healthy mix of retail, service, and manufacturing sectors can mitigate the risk of monopolies forming in any single sector.
  3. Enforce Antitrust Laws: Ensure that antitrust laws are rigorously enforced to prevent monopolistic behavior. Government agencies should actively monitor market dynamics and intervene when necessary to promote fair competition.
  4. Support Local Businesses: Patronize local businesses and support initiatives that promote a thriving local economy. By choosing to spend money at independently owned establishments, residents can help maintain a competitive marketplace.
  5. Encourage Collaboration: Foster collaboration among local businesses through networking events, cooperative marketing campaigns, and joint ventures. By working together, small businesses can leverage their collective strengths to compete more effectively against larger competitors.

 

Antitrust laws

Antitrust laws, also known as competition laws, are regulations designed to promote and maintain fair competition in the marketplace. These laws aim to prevent anti-competitive practices, such as monopolies, price-fixing, and unfair business practices, which can harm consumers, restrict innovation, and stifle economic growth. Antitrust laws vary by country, but they generally serve similar purposes and principles. Key components of antitrust laws include:

  1. Preventing Monopolies and Oligopolies: Antitrust laws prohibit companies from dominating or controlling a market to the extent that competition is significantly reduced or eliminated. Monopolies and oligopolies can harm consumers by restricting choice and allowing companies to set prices without fear of competition.
  2. Prohibiting Price Fixing and Collusion: Antitrust laws prohibit agreements among competitors to fix prices, allocate markets, or rig bids. These practices harm consumers by artificially inflating prices and reducing competition.
  3. Regulating Mergers and Acquisitions: Antitrust laws regulate mergers and acquisitions to prevent companies from becoming too large or powerful. Authorities assess whether proposed mergers would harm competition and may require companies to divest certain assets or make other concessions to address anti-competitive concerns.
  4. Preventing Predatory Practices: Antitrust laws prohibit predatory pricing, where a company deliberately sets prices below cost to drive competitors out of the market. This practice harms consumers in the long run by reducing competition and allowing the predatory firm to raise prices once competitors are eliminated.
  5. Promoting Consumer Welfare: Antitrust laws are ultimately aimed at promoting consumer welfare by ensuring that markets remain competitive, prices are kept in check, and innovation is encouraged. By fostering competition, antitrust laws aim to maximize consumer choice and drive economic efficiency.

In the United States, the primary federal antitrust laws are the Sherman Antitrust Act of 1890, the Clayton Antitrust Act of 1914, and the Federal Trade Commission Act of 1914. These laws are enforced by the Department of Justice (DOJ) and the Federal Trade Commission (FTC). Additionally, individual states may have their own antitrust laws and enforcement agencies.

Overall, antitrust laws play a crucial role in safeguarding competitive markets and protecting consumers from anti-competitive behavior. They are essential for promoting economic efficiency, innovation, and fair business practices in modern economies.

Conclusion: In small towns, the preservation of competition is essential for fostering innovation, driving down prices, and ensuring consumer choice. By recognizing the signs of monopolistic behavior and implementing proactive prevention strategies, communities can create an environment where small businesses can thrive and the benefits of a competitive marketplace are enjoyed by all. So, let’s work together to keep competition alive and vibrant in our small towns.

Josh Tolento Pro se v. The City of Fostoria | Ohio Supreme Court Case No. 2023-1360.

Complaint Document

Public Docket

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OCTOBER 25TH, 2023
Author: Josh Tolento (Editor-in-Chief)
The Fostoria Free Press LTD.

Case No. 2023-1360 Josh Tolento Pro se v. The City of Fostoria was filed and accepted by the Ohio Supreme Court on Oct. 25th, 2023. This type of lawsuit is a Petition for Writ of Mandamus and I am seeking no statutory damages. A petition for a writ of mandamus relating to public records is a legal action that seeks to compel a government agency or official to release or provide access to public records. “Mandamus” is a legal term that refers to a court order that commands a government entity or official to perform a certain duty, often when they have failed to do so or are refusing to comply with a legal obligation.

In the context of public records, many governments have laws that require transparency and open access to government documents, subject to certain exemptions for sensitive or confidential information. When a person or organization believes that a government agency or official is wrongfully withholding public records or is not complying with their legal obligations under open records laws, they may file a petition for a writ of mandamus in court. This petition asks the court to issue a writ of mandamus ordering the government entity or official to release the requested public records.

If the court finds in favor of the petitioner, it will issue a writ of mandamus instructing the government agency or official to release the requested public records. This legal remedy is used to ensure transparency and accountability in government and to protect the public’s right to access information about government actions and decisions.

It has been over 3 weeks since I requested specific financial documents from the City of Fostoria. These documents can easily be printed of or electronically emailed. Case and point, I reached out to the City of Findlay & The City of Tiffin requesting city council minutes & parks and rec. budget reports. I received Findlay’s documents in less than 2 hours, and Tiffin’s in 6 hours. It is very concerning to me that The City of Fostoria has not sent the documents requested.  I do believe that the City is withholding/delaying the release of documents on purpose for an unspecified reason.

Therefore, I have filed an Original Action in Mandamus lawsuit against The City of Fostoria with the following requested remedies:

1. Court ordered release of the following originally requested documents:
BALANCE SHEETS: July 1st – Sep 31st 2023.
GENERAL LEDGER: Jul 1st – Sep 31st 2023.
BANK TRANSACTIONS: July 1st – Sep 31st.

2. Court ordered improvement of The City of Fostoria’s public records availability in a timely manner.

3. The prompt release of ALL financial documents upon future request of the Realtor.

Post Last Updated:  October 25th, 2023

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‘Litigation Hold’ Letter Sent to Fostoria by Former City Auditor’s Attorney

October 12th, 2023

Litigation hold letter 3.10.23-1

Fostoria Fostoria City Auditor Heidi Kauffman, represented by Hoover Law Offices sent a Litigation Hold letter to the City of Fostoria on March 10th, 2023.  According to the claims in the letter, Kauffman was terminated from her position on March 9th, 2023.

It is important to know that this letter is NOT a lawsuit! Fostoria Law Director, Stephanie Kiser commented on the matter saying “There have been no discussions regarding this potential lawsuit, no settlement negotiations, and nothing filed with the court.”  “There is NO active lawsuit or settlement negotiations at this time.”

On the contrary, earlier this week Former City Auditor, Heidi Kauffman said “We believe it was unlawful to end the term early with someone in office, whistleblowing, and proof of secret meetings and sunshine law violations.”

Page 2 of the litigation hold letter says “During the probable litigation, our client will have the right to obtain from your clients numerous documents and things, including files stored on the respective computers and storage media.

I want to remind citizens that all of the financial documents that would prove this information to you can be public record requested. Don’t take their word for it. Get the information for yourself.”