We have wide-ranging experience handling cutting-edge antitrust and competition matters, both at trial and in appellate courts including the Supreme Court.
Our lawyers have extensive experience with antitrust litigation, including competitor cases and purchaser and consumer class actions. We also frequently handle cases involving claims of unfair competition, false advertising, theft of trade secrets, product disparagement and related theories of liability. Those matters include:
- Defense of branded pharmaceutical manufacturer in Sherman Act case brought by direct competitor alleging that manufacturer’s rebate agreements with pharmacy benefit managers and managed care organizations constituted illegal exclusive dealing arrangements.
- Defense of global food processor in multiple purchaser and consumer class actions after food processor pleaded guilty to international conspiracy to eliminate competition and allocate sales.
- Defense of agricultural company in antitrust class action alleging price fixing in connection with high fructose corn syrup.
- Defense of large manufacturer of fire safety systems in antitrust action brought by terminated distributor alleging that manufacturer had conspired to allocate contracts among distributors.
- Defense of major sports network in class action alleging that its exclusive broadcasting agreements for sporting events violated antitrust laws.
- Representation of fast casual restaurant chain in bringing suit against direct competitor alleging that posting anonymous online consumer reviews constituted false advertising and alleging theft of trade secrets.
- Representation of business intelligence and software company in multiple lawsuits alleging theft of trade secrets and violations of the Virginia Computer Crimes Act in connection with company’s provision of cloud hosting services.
- Representation of global power company in connection with claims that replication and use of proprietary engineering designs constituted theft of trade secrets.
- Representation of major newspaper in trade secrets action brought against major competitor, who had hired newspaper’s former publisher.
- Defense of helicopter manufacturer in antitrust and unfair competition case filed by service center after its relationship with manufacturer was terminated.
- Representation of antitrust defendant in cert.-stage briefing, merits briefing, and oral argument in Supreme Court antitrust cases involving liability under the Robinson-Patman Act for alleged price discrimination in the sale of heavy trucks.
- Representation of antitrust plaintiff before en banc Third Circuit and in successful opposition to Supreme Court review in monopolization case involving bundled rebates on consumer products such as transparent tape.
- Representation of antitrust defendant in the healthcare industry in successful appeal from a jury verdict imposing liability for alleged tying.
Representation of defendant at trial, on appeal, and in successful opposition to Supreme Court review in a case involving alleged monopolization in the bowling industry and alleged torts.
- Representation of antitrust plaintiff in the Supreme Court, on remand from the Supreme Court to the Sixth Circuit, and in further proceedings in the Supreme Court in an antitrust case involving tying.
- Representation of movie studios in Supreme Court case involving the scope of the “mere sham” exception to the Noerr-Pennington doctrine, which protects petitioning the government for redress of grievances from giving rise to antitrust liability.
- Representation of domestic insurance companies in Supreme Court case involving the scope of the immunity from antitrust law provided by the McCarran-Ferguson Act.
Representation of United States, both in briefing and in oral argument, in challenge under the Double Jeopardy Clause to criminal indictments for price-fixing in violation of the Sherman Act.
- Representation of amici curiae supporting defendant in Supreme Court antitrust case presenting the question whether the Supreme Court should overrule its 1911 Dr. Miles decision creating a per se rule against minimum resale price maintenance.
- Representation of amici curiae supporting defendants in Supreme Court antitrust case involving challenge to Second Circuit decision reversing dismissal of a multibillion-dollar antitrust case even though plaintiffs had no evidence of conspiracy and pleaded no “plus factors.” In ruling 7-2 for the defendants, the Supreme Court took the occasion to overrule prior precedent on the standard for surviving a motion to dismiss.
- Representation of amici curiae supporting defendant in Supreme Court antitrust case involving challenge to Second Circuit decision rejecting immunity from antitrust laws for common securities-industry practices heavily regulated by the SEC.
- Representation of amicus curiae supporting defendant in Supreme Court antitrust case involving challenge to Ninth Circuit decision upholding an antitrust verdict for “predatory buying.”
- Representation of amicus curiae supporting defendant in Supreme Court antitrust case involving challenge to Ninth Circuit decision holding that a decision by a joint venture or its parents about how to price the joint venture’s product can be a per se antitrust violation.
- Representation of amicus curiae supporting defendant in Eleventh Circuit antitrust-like case involving a $1.3 billion jury award to plaintiffs under the Packers and Stockyards Act.
- Representation of amicus curiae supporting defendant in Supreme Court antitrust case involving a challenge to a construction of Foreign Trade Antitrust Improvements Act that would have allowed purchasers whose injury did not arise from the U.S. effects of challenged conduct to sue under U.S. antitrust law.
- Representation of amicus curiae supporting defendant in Supreme Court antitrust case involving application of the “quick look” rule of reason to a professional standard-setting organization.
- Representation of amicus curiae supporting defendant in Supreme Court antitrust case involving scope of the per se prohibition on “group boycotts.”
- Representation of amicus curiae supporting defendant in Supreme Court antitrust case leading to the overruling of prior Supreme Court precedent condemning maximum resale price maintenance as a violation of the Sherman Act.
- Representation of United States as amicus curiae, in briefing and oral argument, in Supreme Court case involving indirect-purchaser claims under state law.
- Representation of United States as amicus curiae in Supreme Court case involving the “state action” defense in antitrust law.