ANTITRUST

Pre-merger notification proceedings (Hart Scott Rodino Act)

• Represented Seller in commissary industry; challenged by FTC; transaction successfully consummated after pull and refile
• Represented Buyer in product supplies distribution industry; challenged by FTC: transaction successfully consummated after pull and refile
• Represented Seller in shipping vessel industry; challenged by DOJ; transaction successfully consummated after pull and refile

Litigation

• Representing national agriculture companies, defending more than 20 nationwide putative class actions alleging Section 1 conspiracy in agricultural industry
• Representing putative class of independent retailers of higher education course materials in antitrust suit alleging Section 1, Section 2, and Robinson-Patman Act violations by competitors and suppliers Representing chemical manufacturer, defending antitrust claims brought under Section 1 and 2 (monopolization, conspiracy to monopolize, and attempted monopolization) by a customer’s alleged competitor
• Representing a national bank and major credit card company defending Section 1 and 2 claims, resulting in grant of motion to dismiss these antitrust claims
• Obtained dismissal by FTC of industry-wide investigation that accused our client and several competitors of restraining trade and artificially inflating prices to consumers
• Obtained a favorable settlement in an adjudicatory proceeding before the FTC involving price-fixing allegations
• Obtained defense judgment for a trade association, defending an international arbitration alleging Section 1 claims seeking $400 million in damages; plaintiff ordered to pay millions in defendants’ attorneys’ fees, costs, and expenses
• Obtained summary judgment on Section 2 claims seeking $1.8 billion in damages alleged against our client, a national cell tower operator
• After defeating a motion for preliminary injunction, obtained dismissal of Section 1 tying claims, including “Kodak” type claims, brought by a dealer against U.S. distributor of copying machines and products
• Obtained dismissal for major online review company of a suit related to allegations of anticompetitive use of a review platform
• Represented distributor against dealers in RICO/fraud matter, resulting in favorable multi-million dollar settlements
• Represented a carbon steel flange manufacturer in defense of Lanham Act and common law false advertising and unfair competition claims brought by a competitor, prevailing on summary judgment and asserting counterclaims for Lanham Act and common law false designation of origin, false advertising and unfair competition
• Represented foreign reprographics (copy industry) manufacturer and its U.S. distributor in defending putative nationwide class action on behalf of all public schools seeking $500 million in damages for Section 1 and 2 “Kodak” claims; no class was ever certified, and after favorable rulings on a series of our clients’ Illinois Brick motions, the case was favorably resolved under confidential terms
• Obtained dismissals or favorable settlements for numerous manufacturing clients of cases alleging false advertising and unfair competition
• Represented numerous companies in responding to subpoenas and CIDs from government agencies related to antitrust investigations.
• Represented a manufacturer in direct and indirect purchaser putative class actions regarding an alleged conspiracy to fix prices
• Represented individuals in defense of advertising and intellectual property claims related to sale of head covering products, resulting in favorable settlement
• Represented offshore drilling company in putative class action alleging antitrust and RICO violations, resulting in summary judgment in favor of client
• Represented a group of physicians in an adjudicatory proceeding before the Federal Trade Commission involving price-fixing allegations
• Represented foreign reprographics (copy industry) manufacturer and its U.S. distributor in defending $75 million Section 1 and 2 “Kodak” claims, including state law antitrust and consumer protection act claims; case settled after three years on very favorable terms