Antitrust litigation creates special challenges for businesses and entrepreneurs operating in today’s highly competitive global economy. On one hand, companies can be forced at any time to defend themselves against potentially embarrassing and costly allegations of antitrust-related violations such as price-fixing, monopolization or lack of compliance with the intricacies of federal regulations. Even when such claims are wholly unjustified, they can force businesses to delay mergers, stall expansion plans, wage expensive PR counteroffensives and spend precious time and money in court. On the other hand, antitrust law emerged for good reason: At any time, a company might be forced to confront the unfair business practices of its competitors. The stakes in these cases, too, can be extraordinarily high. Indeed, the ultimate success or failure of a given business can hinge upon its ability to put a halt to the unfair moves of its rivals.
The attorneys on our Antitrust team have extensive experience in providing litigation and counseling services in all facets of antitrust law, which began with the Sherman Antitrust Act of 1890 and has continued to evolve for some 220 years, up to an including modern-day regulatory requirements such as those of the Hart-Scott-Rodino Antitrust Improvements Act of 1976. Our attorneys routinely represent clients of all types and sizes—from the likes of local physicians to Fortune 500 companies—at both the federal and state levels, and in a wide variety of antitrust and trade-regulation cases, including civil and criminal litigation. We counsel clients on joint ventures, mergers and acquisitions, Hart-Scott-Rodino filings, contract-compliance reviews and many other antitrust-related issues. We also help our clients make sure their current and contemplated business practices adhere to antitrust laws such as the Sherman Act or Robinson-Patman Act of 1936. For example, we might counsel a manufacturer as it establishes its pricing structures, imposes pricing restrictions on dealers and works to enforce non-compliance with its policies. Regardless of the task at hand, the experienced attorneys on our multidisciplinary Antitrust team put a premium on working together to get maximum results for their clients.
Representative engagements include:
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Represented a national franchisor in a multi-week arbitration proceeding in California brought by an area developer and multi-unit franchisee involving price-discrimination claims under the Robinson-Patman Act, as well as unlawful product restrictions
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Defended a Fortune 500 company against claims of antitrust violations, resulting in a defense verdict on an award of attorneys’ fees
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Represented 3M in an eight-week jury trial alleging monopolization of an exclusive dealer in the market for transparent (“Scotch”) tape in the United States
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Defended an electronics distributor against Robinson-Patman Act claims brought by another distributor
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Represented manufacturers of submersible gasoline pumps against an injunction sought by the United States under the Clayton Antitrust Act against the merger of their business
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Represented a physician who was denied privileges at a hospital and sued under the Sherman Antitrust Act and Virginia antitrust statutes
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Successfully represented large pharmaceutical company regarding the Federal Trade Commission’s informal request for additional information through a “Voluntary Access Letter,” and won early termination of the Hart-Scott-Rodino Antitrust Improvements Act of 1976
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Defended an international distributor of electronic equipment against price-discrimination claims
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Defended a beer distributor against claims of horizontal territorial allocation
Our Antitrust services include: