Antitrust

Co-lead counsel defending poultry processor against putative nationwide class of broiler growers bringing claims under antitrust laws and the Packers and Stockyards Act, alleging suppression of broiler grower compensation by the industry through information sharing and/or no-poach or non-solicitation agreements.

Co-lead counsel defending poultry processor against putative nationwide class of hourly and salaried poultry workers bringing claims under antitrust laws, alleging suppression of plant worker compensation and/or benefits by the industry through information sharing.

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 in 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.