Tortious Interference With Business Relations: Suing Competitors in New Hampshire

Healthy competition is the foundation of the American economy. However, when a competitor steps over the line from aggressive marketing to malicious sabotage, their actions may constitute a tort. Tortious interference with business relations occurs when an outside party intentionally disrupts your existing contracts or prospective economic advantages using improper, illegal, or unethical means.

For business owners in New Hampshire, protecting your market share from unfair tactics is vital. Whether a rival is spreading lies about your services to steal a pending deal or threatening your suppliers, the law provides a pathway to seek justice and financial compensation. You can find experienced local business litigation lawyers in our US Lawyers directory to evaluate your case and represent your interests in court.

Step-by-Step Process to Sue a Competitor in New Hampshire

Filing a lawsuit for tortious interference requires a well-documented case. Whether your business operates in Manchester, Nashua, or Portsmouth, the litigation process demands clear proof of malicious intent and actual damages.

Poaching Exclusive Clients

Simply offering a better price to a client is legal competition. However, if a competitor knows that a client has an exclusive, binding contract with your business and actively induces that client to breach the agreement, they have crossed into tortious interference. To win such a case, you must prove the competitor had knowledge of the specific contract and intentionally caused the breach. Gather all communications, emails, and witness testimonies demonstrating that the competitor urged the client to ignore their contractual obligations.

Threatening Common Suppliers

Another common form of interference occurs in the supply chain. If a dominant competitor uses their market weight to threaten a common supplier-for instance, telling a supplier they will pull all their orders unless the supplier refuses to sell to your business-this may constitute improper means. New Hampshire courts look closely at the motives behind such actions. You will need to file a formal complaint using Form NHJB-2688-Se, New Hampshire, Superior Court, Civil Complaint, detailing the coercive tactics used against your vendors.

Spreading Defamatory Statements to Ruin Pending Deals

Interference with prospective economic advantage happens when a contract is not yet signed, but a strong business relationship exists. If a competitor spreads false, defamatory statements about your company's financial health or product quality to a prospective buyer to ruin a pending deal, they can be held liable. The state's Unfair Competition laws, such as N.H. Rev. Stat. Ann. § 358-A:2, also heavily penalize deceptive business practices that harm consumers and other businesses.

Recoverable Damages in New Hampshire

If you successfully prove your claim in court, you may be entitled to significant financial recovery. Generally, a New Hampshire judge or jury may award:

How Much Does Litigation Cost?

Business litigation is notoriously complex and expensive. The initial filing fee in a New Hampshire Superior Court, such as the Hillsborough County Superior Court Northern District, Manchester or the Rockingham County Superior Court, Brentwood, is $325. However, the true cost lies in legal representation and discovery. Commercial litigation attorneys generally charge between $300 to $600 per hour. A full trial for tortious interference can easily require tens of thousands of dollars in legal fees, expert witness fees for calculating lost profits, and deposition costs.

How Long Does a Business Lawsuit Take?

A lawsuit for tortious interference rarely resolves quickly. From the moment you file the Civil Complaint, the discovery phase-where both sides demand documents and take depositions-can last anywhere from 8 to 14 months. If the case proceeds to a full jury trial, it could take 1.5 to 2.5 years to reach a final verdict. Many cases, however, reach a negotiated settlement during mediation before a trial becomes necessary.

Relevant New Hampshire Case Law

When preparing your case, understanding how state courts define 'improper means' is vital. Precedents provide the framework for these disputes. For example, Roberts v. General Motors Corp., 138 N.H. 532 (NH Supreme Court 1994) and Nat'l Employment Serv. Corp. v. Olsten Staffing Serv., Inc., 145 N.H. 158 (NH Supreme Court 2000) establish the strict criteria plaintiffs must meet to prove that a competitor's actions went beyond aggressive business practices and entered the realm of tortious misconduct.

Frequently Asked Questions (FAQ)