Practices

Litigation

Antitrust Litigation

We have considerable experience in cases involving claims of price-fixing, conspiracy, and illegal tying under state and federal law. For example, we have successfully litigated many cases involving mergers and sales of businesses or portions of businesses, we have handled antitrust class actions on behalf of both plaintiffs and defendants, and we have represented individuals who are the targets of governmental antitrust investigations.  

Our antitrust litigators represent some of the country’s largest retail drugstore chains in groundbreaking cases concerning the intersection of intellectual property law and trade regulation. On behalf of our clients, we have vigorously opposed the various means by which brand name drug manufacturers have attempted to avoid the negative effect of generic drug entry on their sales by, for instance, promising significant payments to generic manufacturers in exchange for staying off the market. 

We also represent several national and regional retailers in pending antitrust actions against the major payment card networks challenging certain practices, rules, and policies that prohibit merchants from, among other things, doing anything to encourage retail consumers to use other payment card products.   

We were recently engaged to represent some of the country’s largest retailers to pursue an action against the major US chocolate manufacturers for conspiring to fix candy prices in the United States.  

We were also engaged to represent one of North America’s largest producers of OSB (a lumber product similar to plywood) in multiple antitrust class action cases alleging a multiyear price-fixing conspiracy and seeking billions of dollars in damages. The lawsuits raised a number of cutting-edge antitrust issues, including the extent to which parallel conduct is sufficient to state a claim for antitrust conspiracy under the pleading standards of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), in which the defendants’ behavior was consistent with lawful, independent business goals. After extensive discovery, the parties ultimately settled these cases. 

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