Antitrust Litigation

Our attorneys have successfully represented both plaintiffs and defendants in high-stakes civil antitrust litigation. For over 30 years, we have been pioneers in antitrust recovery for corporate clients and have a constantly exceptional record in defending clients against antitrust claims. We have extensive experience representing companies and individuals in grand jury and other criminal antitrust investigations. We also provide counseling on antitrust matters, advising clients on a variety of issues, including mergers, acquisitions, and other transactions.

Our attorneys advise on antitrust matters in an increasing number of new contexts, including health care and banking/finance.  We provide informed and timely advice for clients to help them decide whether it is in their best interest to “opt-out” of class actions asserting anticompetitive behavior.  We provide a frank, early assessment of the quality of the case and credibility of evidence and provide our clients concrete, outcome-focused suggestions.

We have successfully prosecuted claims on behalf of numerous major corporations that were the targets of international and domestic price-fixing and customer-allocation conspiracies.  We maximized our clients’ recoveries by requesting exclusion from any class actions and identifying evidence of how the conspiracy was targeted at our clients.  We work with highly respected economists to develop damage models based on the prices our clients pay and their purchase volumes.  As a result, our clients recovered multiples of what they would have received as passive class members.

Our attorneys also have successfully represented clients in many high profile antitrust grand jury investigations and other government civil antitrust inquiries.  Our resources include two former United States Attorneys and numerous former Assistant United States Attorneys.

Our experienced team, which includes a Ph.D. economist, has considerable counseling experience and advises clients on antitrust issues related to distribution, pricing, joint ventures and other matters. We also counsel clients on  Hart-Scott-Rodino Act compliance, including whether transactions are reportable and whether they will involve greater scrutiny.  We conduct the legal and economic analysis necessary to obtain approval of the transaction.

With new legislation and government involvement, the potential risks of non-compliance for antitrust matters can now result in lengthy prison terms for individuals and multi-million dollar fines for companies as well as and greater civil accountability for both.  We use our knowledge and experience to achieve the best possible outcome for our clients facing antitrust exposure.  We also leverage the broader strengths of the Firm, including trial and appellate work, white collar, intellectual property, and government contract matters.