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ANTITRUST

Thompson Coburn’s Antitrust Practice focuses on antitrust counseling and representation of clients across a broad spectrum of issues and industries. Our diverse practice is experienced in all facets of antitrust law, including the following:

  • Antitrust Litigation: representing clients in both civil and criminal litigation, agency investigations, administrative actions, and class actions.
  • Manufacturing: providing clients counsel to navigate antitrust limitations on their distribution channels and strategies.
  • Distribution and Franchising: counseling and representing clients in private party litigation, as well as before state and federal government enforcement agencies, involving antitrust issues arising from distribution and franchising.
  • Information Technology/Intellectual Property: defense, prosecution, and counsel in matters arising from issues such as restrictions over software code and the licensing and distribution of software. This includes Walker Process and “sham litigation” stripping of patentee immunity from antitrust liability, as well as “Kodak”-type aftermarket claims.
  • Health Care: counseling clients concerning the antitrust implications of their current operations and proposed transactions.        

Thompson Coburn’s antitrust lawyers represent clients in both civil and criminal litigation, agency investigations, administrative actions, class actions, and related matters. We litigate (as well as counsel clients concerning) antitrust matters involving the Sherman Act, Clayton Act, and Robinson Patman Act, as well as a wide range of distribution questions involving franchising, pricing, refusals to deal, and terminations. We defend clients in investigations by the Federal Trade Commission, civil and criminal investigations by the Department of Justice, state investigations and proceedings, and private litigation involving a broad spectrum of issues including monopolization, price discrimination, tying, exclusive dealing, and restraint of trade. We also assist clients with Hart-Scott-Rodino filings in connection with mergers and acquisitions.

Our work spans a broad range of industries. We work with our manufacturing clients to provide solutions to help them improve efficiency and be more competitive, and to assist them in implementing antitrust compliance programs. In the health care industry, we deal with issues such as mergers, strategic alliances, and other arrangements among competitors. Intellectual property litigation often spawns antitrust counterclaims in the quest for dominance over a product or service. We help our clients stay abreast of developments in the conflict between intellectual property rights and antitrust concerns, including guidance from the FTC and DOJ on these controversial matters. As part of our counseling services, we have developed a Web-based antitrust compliance program. This comprehensive program includes an antitrust compliance policy manual, model forms, compliance presentation programs, training, tests, and certifications. It is presented in an interactive format that allows clients of all sizes to distribute the program and administer required training to individual employees directly or via an intranet system.

We developed and implemented a Web-based antitrust compliance training program for a major client in the health care field. The program allows employees at regional sites across the country to complete their compliance training while sitting at their desks.

The Department of Justice (DOJ) granted early termination of the Hart-Scott-Rodino premerger notification waiting period for a major transaction involving one of our clients. The DOJ approval came after it issued a second request for information, which is usually a signal that the merger will be challenged.

The Federal Trade Commission dismissed an industry-wide investigation involving one of our clients. The Commission accused our client and several of its competitors of restraining trade and artificially inflating prices to consumers. We persuaded the FTC that the rising prices were the result of increased costs, not price fixing.

Counsel
St. Louis
314 552 6406

Jennifer manages the large electronic discovery teams that assist Thompson Coburn clients with internal investigations, antitrust, and complex litigation.

Jennifer manages the large electronic discovery teams that assist Thompson ...

Jennifer Baumann
Partner
Washington, D.C.
202 585 6985

Jonathan's practice is focused on domestic and international maritime and shipping matters, as well as international trade regulation issues that are incidental to the gl...

Jonathan's practice is focused on domestic and international maritime and s...

Jonathan Benner
Partner
Los Angeles
310 282 9438

Clients know Julian as an experienced and highly effective litigator who finds creative and novel approaches to all of the cases he handles, without sacrificing efficienc...

Clients know Julian as an experienced and highly effective litigator who fi...

Julian Brew
Partner
St. Louis
314 552 6552

Matt serves as co-chair of our insurance practice group, guiding policyholders, insurers, and insurance professionals on everything from policy placement through the liti...

Matt serves as co-chair of our insurance practice group, guiding policyhold...

Matt Darrough
Partner
Washington, D.C.
202 585 6908

Warren focuses on federal regulation of business, both domestic and international, and represents several of the nation's largest transportation and energy interests befo...

Warren focuses on federal regulation of business, both domestic and interna...

Warren Dean, Jr.
Partner
St. Louis
314 552 6045

Ron advises clients on privately negotiated acquisitions and dispositions of businesses, including transactions requiring prior notification to the Federal Trade Commissi...

Ron advises clients on privately negotiated acquisitions and dispositions o...

Ron Haglof
Associate
St. Louis
314 552 6553

Emilee utilizes her economics background to provide an analytical approach to client representation in a variety of state and federal litigation matters.

Emilee utilizes her economics background to provide an analytical approach ...

Emilee Hargis
Partner
St. Louis
314 552 6049

Ed is a veteran litigator and head of the firm's Antitrust Practice Group.

Ed is a veteran litigator and head of the firm's Antitrust Practice Group.

Ed Harvey
Partner
St. Louis
314 552 6054

For more than 30 years, Steve has maintained a national trial and litigation practice in complex commercial disputes and white collar crime cases.

For more than 30 years, Steve has maintained a national trial and litigatio...

Steve Higgins
Senior Counsel
St. Louis
314 552 6058

Dale is a nationally recognized practitioner in the areas of sweepstakes and promotions law, and antitrust and trade regulation.

Dale is a nationally recognized practitioner in the areas of sweepstakes an...

Dale Joerling
Partner
St. Louis
314 552 6171

Andy practices in the firm’s corporate finance and securities practice group.

Andy practices in the firm’s corporate finance and securities practice grou...

Andy Klinghammer
Associate
St. Louis
314 552 6540

Dave practices in the firm's Business Litigation and Banking and Financial Services Litigation practice areas.

Dave practices in the firm's Business Litigation and Banking and Financial ...

Dave Mangian
Partner
St. Louis
314 552 6219

Greg counsels entrepreneurs, investment advisors and major institutional investors on a wide range of securities offerings and transactions while providing comprehensive ...

Greg counsels entrepreneurs, investment advisors and major institutional in...

Greg Patterson
Partner
St. Louis
314 552 6173

Sharon develops and executes highly effective class action defense strategies for major companies across a variety of sectors, including transportation, telecommunication...

Sharon develops and executes highly effective class action defense strategi...

Sharon Rosenberg