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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 team is experienced in all facets of antitrust law, including:

  • Antitrust Litigation: representing clients in civil and criminal litigation, agency investigations and proceedings, administrative actions, and class actions. 
  • Mergers and Acquisitions; Joint Ventures: preparing and navigating the filing and associated pre-merger obligations under the Hart Scott-Rodino Antitrust Act, working with the antitrust enforcement agencies to clear mergers and acquisitions; counseling clients in considering, proposing, structuring, and addressing or defending challenges to transactions, including joint ventures.
  • Manufacturing, Distribution, and Franchising: counseling clients to navigate antitrust issues concerning their pricing and other strategies regarding suppliers, sales, distribution, and franchising channels; representing clients in private and government litigation involving related issues.
  • Information Technology/Intellectual Property: defense, prosecution, and counsel in matters arising from issues such as restrictions over software code, licensing and distribution of software, and patent licensing and infringement (including Walker Process and “sham litigation” claims), as well as aftermarket sales issues (including “Kodak” aftermarket claims).
  • Trade and Membership Organizations: representing clients in creating and enforcing membership requirements and engaging in standard setting activities, designating or participating in information exchanges, and monitoring meetings to ensure antitrust compliance.
  • Health Care: counseling clients in navigating antitrust issues concerning their operations, group purchasing organizations or arrangements, insurer dealings, and existing or proposed acquisitions and transactions.

Our work spans a broad range of industries. We work with our manufacturing, distribution, and retail clients to provide solutions to help them improve efficiency and be more competitive, assist them in implementing antitrust compliance programs, and help them when antitrust issues arise in the real world. 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. 

Our attorneys are involved in antitrust matters throughout the country. They have served on the revisions committee for the ABA Model Jury Instructions in Civil Antitrust Cases, and they have held leadership positions in the antitrust section of the American Bar Association, Federal Bar Association, Missouri Bar, State Bar of Texas, Dallas Bar Association, and Bar Association of Metropolitan St. Louis. They have litigated antitrust and advertising cases in federal and state courts in many states/jurisdictions including courts in the First, Second, Third, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, and Federal Circuits, and Alabama, Arizona, California, Delaware, Florida, Hawaii, Illinois, Kansas, Massachusetts, Minnesota, Missouri, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, and Texas.

Our Antitrust Compliance Program

As part of our counseling services, we develop antitrust compliance policies and programs tailored to our clients’ needs, including both written materials and in-person or virtual training sessions. We have developed a comprehensive and adaptable Web-based antitrust compliance program that includes an antitrust compliance policy manual, model forms, compliance presentation programs, training, tests, and certifications. We also work with clients to monitor meetings and events and administer antitrust compliance programs.

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
Counsel
Dallas

John is a commercial litigator who focuses on provider-side health care matters and all types of insurance coverage and indemnity litigation and counseling.

John is a commercial litigator who focuses on provider-side health care mat...

John Atkins
Senior Counsel
Washington, D.C.

Jonathan's practice is focused on regulatory and litigation issues that affect domestic and international maritime and shipping matters, as well as international trade re...

Jonathan's practice is focused on regulatory and litigation issues that aff...

Jonathan Benner
Associate
St. Louis

Libby assists clients with a wide variety of business litigation matters.

Libby assists clients with a wide variety of business litigation matters.

Elizabeth Casale
Associate
Washington, D.C.

Christine advocates for clients in disputes against the federal government — in fraud investigations, challenging federal regulations, and administrative proceedings — an...

Christine advocates for clients in disputes against the federal government ...

Christine Couvillon
Partner
St. Louis

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

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

Matt Darrough
Partner
Washington, D.C.

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.
Associate
St. Louis

Tom represents clients in complex commercial litigation including class actions, contract disputes, business torts, financial service matters, and antitrust issues.

Tom represents clients in complex commercial litigation including class act...

Thomas Groeller
Partner
St. Louis

Ron has advised middle market clients on privately negotiated acquisitions and dispositions of all kinds of businesses for over 35 years.

Ron has advised middle market clients on privately negotiated acquisitions ...

Ron Haglof
Partner
St. Louis

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

Dave represents and advises a host of major corporations in class action defense, complex business disputes, and state and local tax (SALT) controversy.

Dave represents and advises a host of major corporations in class action de...

Dave Mangian
Partner
Chicago

A former federal prosecutor, Renato is an accomplished trial attorney who represents a diverse group of clients in many types of complex high-stakes litigation, including...

A former federal prosecutor, Renato is an accomplished trial attorney who r...

Renato Mariotti
Partner
St. Louis

Alan represents clients in all aspects of intellectual property litigation, with a strong emphasis on patent litigation at both the trial and appellate court levels, and ...

Alan represents clients in all aspects of intellectual property litigation,...

Alan Norman
Associate
St. Louis

Patrick helps his clients through a range of corporate matters, including mergers and acquisitions, securities law compliance, and venture capital transactions.

Patrick helps his clients through a range of corporate matters, including m...

Patrick Paterson
Partner
St. Louis

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

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
Partner
Dallas

Mackenzie is an experienced trial attorney who represents health care entities and other businesses and directors in high-stakes litigation matters.

Mackenzie is an experienced trial attorney who represents health care entit...

Mackenzie Wallace
Partner
Dallas

Nicole is a highly experienced trial lawyer who represents clients in matters involving antitrust, advertising, fraud investigations and litigation, RICO and class action...

Nicole is a highly experienced trial lawyer who represents clients in matte...

Nicole Williams