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Antitrust

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Baker Donelson's Antitrust Group consists of more than 25 experienced attorneys with a broad range of antitrust experience on international, national, state and local issues.

Practice Overview

Overview

Baker Donelson's Antitrust Group is based in Washington, D.C. with antitrust attorneys located throughout the 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 antitrust cases of all sizes and types, including major multi-defendant antitrust class actions, multi-district litigation, 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 to a wide variety of Fortune 500 clients on horizontal and vertical matters, monopolization, benchmarking, acquisitions and consumer protection issues.

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, Michigan, New York, New Jersey, North Carolina, Illinois and Vermont. Recently, the Firm was involved in a major multi-defendant, multi-district antitrust case involving the auto insurance industry and served as Liaison Counsel in 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 local courts.

Representative Matters
  • Defendants' Liaison Counsel in major multi-district antitrust matter, In re: Autobody Shop Antitrust Legislation (M.D. Fla.), involving allegations by auto body shops of collusion by insurers to cap rates and reimbursements at artificially low levels and boycott non-compliant shops.

  • Representing major hospital system in seeking state action antitrust immunity under state law for major merger.

  • Successful resolution on behalf of multinational pharmaceutical company of parens patriae action by Mississippi Attorney General alleging international price fixing.

  • 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.

  • Represented transportation company in major multi-district class action litigation alleging price-fixing of fuel surcharges and served on defendants' case management committee.

  • Successfully defended client an an 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 associations and member companies.

  • 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.

  • Substantial experience in Hart-Scott-Rodino filings, agency follow-up inquiries, second requests and merger investigations.

  • Represented sports equipment manufacturer in Department of Justice investigation relating to termination of antitrust decrees.

  • Petitioned Department of Justice as well as European Commission regarding the anticompetitive effects of the proposed merger between GE and Honeywell.

  • Obtained summary judgment for postage equipment manufacturers on alleged illegal tying claims.

  • 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.

  • 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.

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