A Message from the Chair – November 2016
Partner William Macleod authored his monthly address to the American Bar Association’s Section of Antitrust Law. In this month’s message he touches on the Fall Forum, ANTITRUST Magazine, and looks ahead to the section’s Consumer Protection Conference.
Kelley Drye's Antitrust and Competition practice group brings together the talents of lawyers in these areas:
- Mergers and Acquisitions – Kelley Drye handles the antitrust counseling and filing requirements in complex transactions for industrial and financial companies around the world. Our team complements Kelley Drye's own transactional lawyers and/or the transaction teams of the firm's non-U.S. clients. The firm has handled the antitrust dimensions of transactions across multiple jurisdictions for Fortune 500 and other major multinational companies.
- Joint Ventures and Alliances – Kelley Drye works with trade associations, buyers groups, and businesses that collaborate with others to structure their ventures and alliances in ways that avoid triggering DOJ and FTC scrutiny.
- Investigations and Litigation – Kelley Drye litigates competition issues in a variety of forums, defending against government challenges and handling private antitrust litigation for plaintiffs and defendants. Our lawyers also have substantial experience in criminal investigations, trials, and leniency and amnesty applications. When clients face criminal charges or government investigations, Kelley Drye lawyers draw on extensive experience working with investigators and prosecutors in the United States and abroad.
- Consumer Protection – Kelley Drye represents clients in all areas of consumer protection law, including false and deceptive advertising, unfair trade practices and privacy issues related to the use of personal information. We have an excellent record in advertising litigation and National Advertising Division proceedings, and substantive experience at the FTC, the offices of state Attorneys General and the broadcast networks.
- Counseling and Compliance – Kelley Drye provides counseling that ranges from quick advice on urgent issues, to full-scale antitrust compliance programs, to antitrust audits. We help businesses minimize antitrust risk when implementing dual-distribution plans, establishing exclusive contracts and restrictions, resolving disputes and encountering other issues. In cases of joint ventures, licensing and other arrangements, the firm helps clients extract the benefits of collaboration without triggering antitrust issues.
The firm's clients also can tap into the deep economic resources of Georgetown Economic Services, a subsidiary of Kelley Drye, that identifies issues, shapes technical and public policy positions, and provides the economic analysis so important to most antitrust issues.
- Represented a major Indian pharmaceutical company in a merger that created one of the world's largest pharmaceutical companies, combining India's largest pharmaceutical company with Daiichi, Japan's second largest. The merger came in the context of a serious FDA investigation and a pending FDA lawsuit against our client. We were responsible for and obtained worldwide clearances where necessary. We were also engaged to represent the client in its proposed acquisition of U.S. assets from GlaxoSmithKline.
- Represented the Germany-based Boehringer Ingelheim group – one of the world's 20 leading pharmaceutical companies – in its milestone acquisition of Actimis, a U.S. pharmaceutical company, owned by an equity fund.
- Represented the largest provider of information technology and business process outsourcing services in India in its cash acquisition of Citigroup Global Services Limited. We were responsible for obtaining international approvals for the transaction (the European Union clearances were coordinated through Kelley Drye's office in Belgium). Our representation included extensive advice with respect to antitrust issues in China.
- Defeated a government motion for a preliminary injunction blocking, on antitrust grounds, an acquisition by an industrial gas producer.
Litigation and Investigations
- Represented Insignia Systems, Inc. in action against dominant competitor in the in-store advertising industry alleging violations of federal and state anti-trust and unfair competition laws. Three days into jury trial in the District of Minnesota case settled for payment of $125 million to Insignia and a business deal granting it a 10 year exclusive right to market its product in a national retail network.
- Representing a trade association whose member companies produce plasma-derivative protein therapies in two related antitrust litigation matters pending in Chicago and California. The suits allege that two of our client’s largest member companies conspired to restrict output in violation of Section One of the Sherman Act.
- Settled conspiracy claims related to domestic active matrix flat panel display markets on behalf of Samsung Electronics.
- Obtained a defense jury verdict on behalf of a Japanese trading company after a four-month jury trial, in a class action alleging a conspiracy to depress the prices of Alaskan salmon.
- Successfully negotiated a favorable resolution of price-fixing charges against a leading manufacturer of specialty papers, its foreign parent, and certain executives in the first joint sovereign, international criminal antitrust investigation. In related civil class actions, obtained dismissal of foreign parent on jurisdictional grounds, and defeated class certification in two state indirect purchaser cases.
- Obtained dismissal of class-action complaints alleging price fixing among online travel agents and national hotel chains.
- Represented a major international manufacturer in a successful bid to qualify under the Department of Justice's amnesty program, and in related class action litigation.
- Successfully litigated and settled antitrust claims against a Fortune 500 publisher and its subsidiary involving exclusive contracts with magazine publishers in the school fundraising industry.
- Obtained modification of an FTC Consent Order for a leading manufacturer of audio equipment, with regard to resale price maintenance and related promotional programs.
- Obtained first known award of attorneys' fees in New York under the Health Care Quality Improvement Act, after summary dismissal of antitrust claims against a hospital and seven administrators and physicians.
- Defended a major New York City hospital against antitrust class action charges arising out of its alleged participation in a conspiracy to restrict the board certification of emergency medicine practitioners.
- Represented a major media and entertainment business in this antitrust and misappropriation action alleging a conspiracy and combination to restrain competition in the Internet video-on-demand market, and an agreement to fix prices for the licensing of studio product.
- Represented a television studio in a case in which the Ninth Circuit Court of Appeals affirmed summary judgment in favor of TV game show producers and broadcasters in an antitrust action brought by a game show participant.
- Represented motion picture producers and distributors in a case in which the Ninth Circuit Court of Appeals upheld their defenses to antitrust and business tort claims asserted by shareholders of a motion picture theater operator.
- Represented a National Football League team in a case in which the California Supreme Court applied the Commerce Clause of the United States Constitution to uphold dismissal of antitrust claims.
- Represented a Japanese business executive in a federal criminal antitrust investigation alleging price-fixing in the liquid crystal display (LCD) industry.