The city of brotherly love is getting a taste for local personal-injury law firms’ tactics of dog eat dog. The SEPTA buses, coming down JFK Blvd. upto city hall, where William Penn overlooks center city Philadelphia, are the ad space for firms to show their names and quality to the city’s people.
A cozy 1.5 million people live in walkable Philly, which boasts rail trains, subways, trams, and buses. Overall the city boasts a very developed public transport. Many of the residents and commuters notice the law firm ads in that space. Two of the more popularly known firms are waging an antitrust war over that space. The details are that one firm is accusing the other firm of under the table and illegal moves to “lock up advertising on SEPTA buses, at the Wells Fargo Center, and on KYW radio, among other spots.”
Larry Pitt & Associates claims to have suffered as a result of Lundy Law’s exclusive dealing. He continues his argument by mentioning that SEPTA loses revenue and the public is further deprived of information about legal services. He continues to say that “he and other personal-injury lawyers had been advertising, or sought to advertise on SEPTA buses but were told last year that Lundy had locked up advertising with exclusive contracts that barred ads on the outside of buses from other lawyers,” according to Philly.com.
There is no question that more mind space in the ad arena translates into more revenue for a firm, so this fight is very serious. A lawsuit has been filed in the federal district court in Philadelphia. Larry Pitt & Associates has accused Lundy Law of violating the Sherman Antitrust Act by “illegally signing exclusive ad contracts.” Exclusive dealing is condemned and scrutinized under several provisions of antitrust laws. Section 1 of the Sherman Act prohibits contracts “in restraint of trade,” section 2 of the Sherman act which makes it illegal to “monopolize” section 2 of the Clayton Act prohibits exclusive arrangements which “substantially lesson competition,” lastly, section 5 of the FTC Act prohibits “unfair methods of competition.”
Lundy counters that the inside of buses are available to be advertised on, at the other law firms’ own discretion. Both parties have hired top notch representation. Lundy is represented by Robert Heim, a top litigator at University City-based Dechert L.L.P, “one of the nation’s most prominent firms ranked near the top of national charts in terms of profitability.” Pitt is represented by DLA Piper