Restraint of Trade?

[TPK]

Soc,

About 2 years ago I had it out with a local auctioneer here. While at one his auctions he falsely accused me of collusion. Me and another dealer had purchased a lot of equipment that day together (partnered deals). Dealer and I had agreed to buy together weeks earlier as we knew what would be at the auction. So there was no collusion at all. Auctioneer was bitter cuz we bought everything so cheap. Reason for the cheap prices was cuz the crowd was small.

Days later auctioneer calls me and tells me not to come to his auctions anymore, I'm not allowed there and he'll call the cops if I come. Fine with me cuz I hate this guy anyway.

Got me thinking though wether this guy could even bar me from a "public auction" that was advertized as "public". This guy has done this same "barring" to many of my friends in my industry.

1. Would it be considered restraint of trade if he barred me?

2. If not #1, then what would you call it?

3. Can he not allow certain people at the public auctions?

He does a public auction at a location where a shop is (NY-NJ-CT-PA etc). He doesn't do auctions in his own bldg.

Just wondering in case I do HAVE to go to one of his auctions if I have a customer for something there.

TPK

[socrateaser]

>1. Would it be considered restraint of trade if he barred me?

Maybe, I'd need to look up some case law and I don't have time at the moment.

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>2. If not #1, then what would you call it?

I'd call it exercising his right to control access to private property. Now, if the auction is held on public property, like on the steps of the courthouse, then he can't bar you. But, if it's on his premises, or someone else's private property, and he has contractual authority to control the auction, then he can lawfully bar you from participating.

You however, can appear at the auction, and attempt to get a license to bid. If you get the license from a clerk, and then the auctioneer finds out that you got a license, and bars you from bidding, then you can sue him for breach of contract.

>
>3. Can he not allow certain people at the public auctions?

The word "public" is just a word. It may not reflect the actual legal status of the auction. We would need to review the auctioneer's contract with the property owner as well as the contract between the auctioneer and the bidders.