Antitrust

Baker Donelson's Antitrust Group is based in Washington D.C. and also located throughout our southern United States offices. The Group consists of more than 25 experienced attorneys with a broad range of antitrust experience on international, national, state and local issues. Just as important as our antitrust experience is making sure that we are efficient, effective and responsive for our clients, especially since we are frequently handling bet the company matters.

Clients from every industry rely on us to defend major multi-defendant antitrust class actions, including multi-district litigation and state class action cases, and State Attorney General parens patriae suits. We also handle federal and state government investigations, criminal antitrust matters, mergers and acquisitions before the federal agencies (including Hart-Scott-Rodino filings), and Robinson-Patman Act price discrimination and resale price maintenance issues. The Antitrust Group also provides counseling on horizontal and vertical matters, monopolization, benchmarking, acquisitions, and consumer protection. We have handled a number of international investigations and acquisitions and can offer foreign language skills in a number of different languages.

We routinely work with leading antitrust economic experts on class action certification, on the merits of the antitrust claims and on damages in large complex antitrust matters. The Antitrust Group is regularly involved in antitrust matters and litigation across the country, not only where we have offices but also recently in California, New York, Florida, New Jersey, Illinois and Vermont. Most recently the Firm was involved in a major multi-defendant multi-district price-fixing case involving fuel surcharges and served on the defendants' case management committee until our client was dismissed from that matter. As one of the top health care law firms in the country, we also routinely represent our health care clients on a variety of health care antitrust issues.

Many of our antitrust lawyers are listed in Best Lawyers in America in Antitrust, Commercial Litigation and other areas, have held leadership positions in the ABA's Antitrust and Litigation Sections and in local bar associations, and have been named as Outstanding Healthcare Antitrust Lawyers by Nightingale's Healthcare News. Our attorneys also have served as Assistant U.S. Attorneys and have held supervisory positions in the Department of Justice. While Baker Donelson is involved in antitrust litigation throughout the country, we also have the advantage of experienced antitrust litigators who know the courts in our geographic footprint. With this leadership and experience, we can provide you more effective representation.

Representative Matters

• Served as national counsel for major pharmaceutical company in complex multi-defendant price-fixing and price discrimination multi-district litigation class actions and related consumer class actions in federal and state courts.
• Represented foreign and domestic manufacturers of vitamins and pharmaceuticals in multiple class actions and parens patriae cases alleging violations of state antitrust and consumer protection laws.
• Defense of international investigation of bid rigging, money laundering, fraud, bribery and tax evasion in the construction industry relating to more than $1 billion in infrastructure projects funded by USAID.
• Represented transportation company in major multi-district class action litigation alleging price-fixing of fuel surcharges.
• Represent corporations and individuals in all aspects of criminal antitrust matters, including investigations, grand jury proceedings, applications for amnesty/leniency, trials and appeals. Recently represented individual in Department of Justice international air cargo criminal price fixing investigation.
• Successfully defended FTC preliminary injunction action seeking to enjoin major acquisition (three-day expedited federal court trial), and FTC administrative trials involving predatory pricing, monopolization, price discrimination and merger issues.
• Represented defendant distributor in multi-defendant dealer termination case alleging group boycott, monopolization, price discrimination and violations of state law. Monopolization claims dismissed and summary judgment on Section 1 claims.
• Served as coordinating counsel in major Department of Justice benchmarking investigation involving trade association and member companies.
• Successfully represented hospitals in major FTC investigations of consummated mergers involving substantial document production, depositions, submission of numerous white papers, and presentations to staff by economic and industry experts, executives and attorneys.
• Successfully represented physician hospital organization in FTC investigation.
• Substantial experience in Hart-Scott-Rodino filings, agency follow-up inquiries, second requests and merger investigations.
• Representation in FTC investigation of vertical restraints.
• Successfully represented sports equipment manufacturer in Department of Justice investigation relating to termination of antitrust decrees.
• Represent pharmaceutical companies in average wholesale pricing (AWP) and related antitrust litigation in various jurisdictions.
• Petitioned Department of Justice as well as European Commission regarding the anticompetitive effects of the proposed merger between GE and Honeywell.
• Represented telecommunications company against charges of violating Telecommunications Act and monopolization of wireless services market.
• Obtained summary judgment for postage equipment manufacturers on alleged illegal tying claims.
• Successfully represented insurance company in parens patriae action alleging horizontal agreements to undervalue claims resulting from Hurricane Katrina.
• Defended transportation company in litigation alleging monopolization of shipping lanes through transport of tropical oils from Asia to storage facilities along the Mississippi River.
• Litigated and defeated preliminary injunction to restrain acquisition of physician group by hospital.
• Represented domestic hospital management company and hospital CEO in Vermont physician antitrust case alleging conspiracy and monopolization. Favorable settlement after extensive discovery.
• Obtained dismissal of antitrust suit against national gaming company alleging market allocation and monopolization.
• Sought state action immunity under state law for cooperative endeavors among health care facilities.