DISTRIBUTION AND FRANCHISING LITIGATION

Thompson Coburn’s antitrust lawyers represent clients before state and federal government enforcement agencies, as well as private party litigation involving a multitude of antitrust issues arising from distribution. We have defended clients facing allegations of exclusive dealing, tying, resale price maintenance, price fixing, monopolization, and attempted monopolization. For example, we successfully defended an FTC investigation of a client that was accused of monopolizing a market by using exclusive distribution agreements. We convinced the FTC staff attorneys that our client’s large national market share was the result of providing superior products and service. We have defended numerous Sherman Act Section 1 and 2 challenges to dealer agreements, as well as claims that distribution arrangements violate state laws.

We have also defended clients facing enforcement agency allegations involving packaging and labeling, trade regulations, resale customs regulations, intellectual property concerns, dealer termination, and refusal to deal issues.

In addition, many states have enacted “franchise protection acts” that broadly define “franchisors” to arguably include a wide spectrum of distribution/dealer relationships that most distributors would never consider to be “franchise” in nature. We represent distributors and “traditional” franchisors in dealer termination matters and other claims brought by dealers, franchisees, or competing franchisors.