Antitrust

The practice offers U.S. and global antitrust counseling, compliance training, and litigation services.  From decades of advising market-leading global companies and new entrants alike, I have developed a practical business perspective about how antitrust laws impact operations, strategy and risk.  This perspective is informed by fluency in economics, consumer protection, intellectual property and the regulatory regimes governing a variety of domestic and international industries. The antitrust litigation and counseling matters listed below present a range of issues including price fixing, bid rigging, group boycotts and other concerted horizontal conduct, all manner of vertical price and nonprice restraints (including aftermarket constraints, resale price maintenance, loyalty discounts, tying/bundling, full-line forcing), joint ventures, exclusive dealing arrangements, mergers and acquisitions, price discrimination, essential facilities, standard-setting and other trade/industry association activities. Many of these matters presented issues of state action, petitioning conduct and other antitrust immunities.

• Counseling integrated hospital system on antitrust risks presented by variety of operational and strategic initiatives.

• Counseling and compliance training throughout international client’s U.S.-based construction materials and services facilities. 

•Advising prominent natural gas producer about antitrust risks presented by contemplated pipeline operating arrangements.  •Representing major defense contractor responding to DOJ/DOD antirust investigation; agencies closed matter without further action.  •Representing global pharmaceutical trade association defending consolidated class action and parallel state attorney general investigation alleging horizontal output restrictions and other antitrust claims in multi-district litigation.  

•Representing outpatient imaging facility in federal court litigation alleging that integrated hospital system and competing medical practices monopolized market for imaging services and organized group boycott of plaintiff.  

•Representing international tire manufacturer in multi-party antitrust, unfair trade and intellectual property litigation involving retreaded truck tire markets; favorable settlement at trial.  

•Representing international marine engine manufacturer in Section 1 litigation challenging anticompetitive impact of largest competitor's loyalty discount programs among inbouard/outboard boat dealers.  

•Representing major consumer electronics manufacturer pursuing Section 1 conspiracy claims against patent portfolio company and competing manufacturer; favorable settlement.  

•Representing logistics company and other plaintiffs pursuing Section 1 conspiracy claims against eastern railroads boycotting Great Lakes self-unloader iron ore transportation.