Antitrust Litigation and Investigations
Antitrust Litigation and Investigations
Kelley Drye’s resources uniquely balance the interests of our clients both in the courts and at the federal agencies.  Through our extensive experience in complex litigation and our skills across a wide range of industries, our antitrust litigators offer efficient and effective solutions to our clients.

The firm has successfully litigated a vast array of competition issues, defending clients against government challenges to mergers, civil and criminal cartel actions, and private antitrust litigation for both plaintiffs and defendants. Partners in this practice area have successfully represented clients in large-scale, private treble-damage litigation and in many of the most significant government antitrust cases of this generation.  The team represents clients in investigations involving both civil and criminal implications, and also litigates intellectual property matters.  Kelley Drye deploys legal resources that carefully balance the interests of our clients and also provides alternative dispute resolution services to potentially avoid litigation altogether with significant experience in the following areas:

  • Civil Investigative DemandsKelley Drye frequently represents clients served with agency Civil Investigative Demands (CIDs).  Whether our client’s goal is to minimize the burden of complying with the CID or persuasively present its perspective to the agency, we have the experience and the reputation with the antitrust agencies to ensure that the best interests of our clients are served.

  • Criminal InvestigationsWe represent companies or individuals who come under criminal investigation for antitrust offenses such as price-fixing. Kelley Drye’s team knows how the government prosecutors work in this specialized area, and how to help clients deal with subpoenas, grand juries, potential co-defendants, and simultaneous investigations in multiple countries.  The firm has deep experience with the Department of Justice (DOJ) Antitrust Division's Leniency (Amnesty) Policy, which has been adapted in other countries. Kelley Drye’s lawyers conduct internal investigations to determine the facts, and then develop strategies to ameliorate any alleged misconduct or to defend the charges at trial.

  • Competition and Intellectual PropertyKelley Drye’s antitrust attorneys help businesses aggressively protect their intellectual property, while maximizing the value of their inventions. By combining forces with our litigation and intellectual property practices, Kelley Drye’s antitrust attorneys often invoke the antitrust laws in intellectual property litigation.  Whether helping clients fend off frivolous antitrust counterclaims, or using the antitrust laws to prevent a rival from using intellectual property rights to drive competitors out of the market, our antitrust attorneys have the experience and knowledge to defend our clients’ interests in IP-antitrust disputes.

  • Dispute ResolutionOur attorneys provide creative approaches to the resolution of competitive disputes in an efficient, cost-effective manner without resorting to litigation.  Through commercial settlements and mediation, arbitration, and summary procedures, where the rules and dynamics are different from those applied in civil courts, we provide alternative mechanisms for resolving competitive issues in a manner that meets both strategic objectives and constrained legal budgets.
 

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.

  • Brought two federal lawsuits on behalf of international telecommunications corporation against several major commercial landlords and their principal trade association alleging group boycotts and price fixing.

  • Defeated a government motion for a preliminary injunction blocking, on antitrust grounds, an acquisition by an industrial gas producer.

  • 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.

  • Defended nationwide telecommunications and operator services provider against several federal court challenges to exclusive provider arrangements under the antitrust laws.

  • Litigated and successfully mediated for a Fortune 200 corporation a challenge to the enforceability of a mineral contract valued in excess of $125 million, on antitrust and other grounds.

  • 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.

  • Obtained dismissal of class action complaints alleging price fixing among online travel agents and national hotel chains.

  • 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.

  • Obtained modification of an FTC Consent Order for a leading manufacturer of audio equipment, with regard to resale price maintenance and related promotional programs.

  • Represented the maker of in-store advertising and promotional products in litigation alleging exclusive dealing, conspiracy in restraint of trade, monopolization, attempt to monopolize, a horizontal boycott, and false advertising in the in-store advertising and promotion market.

  • Represented a Japanese business executive in a federal criminal antitrust investigation alleging price fixing in the liquid crystal display (LCD) industry.

  • 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.

  • 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 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 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 Insignia Systems, Inc. in action against dominant competitor in the in-store advertising industry alleging violations of federal and state antitrust 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.

  • 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 prominent technology trade association, and achieved the only amicus status granted by the court, in the remedies phase of the Department of Justice monopolization suit against Microsoft.

  • 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.

  • 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.

  • 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.

  • Successfully resolved antitrust counterclaims alleging exclusive dealing and conspiracy to restrain trade in domestic truck tire re-treading market on behalf of a tire manufacturer and a car company.

  • Successfully settled monopolization and exclusive-dealing claims in marine engine markets on behalf of a car company.
 
 

Overview

Kelley Drye’s resources uniquely balance the interests of our clients both in the courts and at the federal agencies.  Through our extensive experience in complex litigation and our skills across a wide range of industries, our antitrust litigators offer efficient and effective solutions to our clients.

The firm has successfully litigated a vast array of competition issues, defending clients against government challenges to mergers, civil and criminal cartel actions, and private antitrust litigation for both plaintiffs and defendants. Partners in this practice area have successfully represented clients in large-scale, private treble-damage litigation and in many of the most significant government antitrust cases of this generation.  The team represents clients in investigations involving both civil and criminal implications, and also litigates intellectual property matters.  Kelley Drye deploys legal resources that carefully balance the interests of our clients and also provides alternative dispute resolution services to potentially avoid litigation altogether with significant experience in the following areas:

  • Civil Investigative DemandsKelley Drye frequently represents clients served with agency Civil Investigative Demands (CIDs).  Whether our client’s goal is to minimize the burden of complying with the CID or persuasively present its perspective to the agency, we have the experience and the reputation with the antitrust agencies to ensure that the best interests of our clients are served.

  • Criminal InvestigationsWe represent companies or individuals who come under criminal investigation for antitrust offenses such as price-fixing. Kelley Drye’s team knows how the government prosecutors work in this specialized area, and how to help clients deal with subpoenas, grand juries, potential co-defendants, and simultaneous investigations in multiple countries.  The firm has deep experience with the Department of Justice (DOJ) Antitrust Division's Leniency (Amnesty) Policy, which has been adapted in other countries. Kelley Drye’s lawyers conduct internal investigations to determine the facts, and then develop strategies to ameliorate any alleged misconduct or to defend the charges at trial.

  • Competition and Intellectual PropertyKelley Drye’s antitrust attorneys help businesses aggressively protect their intellectual property, while maximizing the value of their inventions. By combining forces with our litigation and intellectual property practices, Kelley Drye’s antitrust attorneys often invoke the antitrust laws in intellectual property litigation.  Whether helping clients fend off frivolous antitrust counterclaims, or using the antitrust laws to prevent a rival from using intellectual property rights to drive competitors out of the market, our antitrust attorneys have the experience and knowledge to defend our clients’ interests in IP-antitrust disputes.

  • Dispute ResolutionOur attorneys provide creative approaches to the resolution of competitive disputes in an efficient, cost-effective manner without resorting to litigation.  Through commercial settlements and mediation, arbitration, and summary procedures, where the rules and dynamics are different from those applied in civil courts, we provide alternative mechanisms for resolving competitive issues in a manner that meets both strategic objectives and constrained legal budgets.
 

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.

Experience

  • Brought two federal lawsuits on behalf of international telecommunications corporation against several major commercial landlords and their principal trade association alleging group boycotts and price fixing.

  • Defeated a government motion for a preliminary injunction blocking, on antitrust grounds, an acquisition by an industrial gas producer.

  • 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.

  • Defended nationwide telecommunications and operator services provider against several federal court challenges to exclusive provider arrangements under the antitrust laws.

  • Litigated and successfully mediated for a Fortune 200 corporation a challenge to the enforceability of a mineral contract valued in excess of $125 million, on antitrust and other grounds.

  • 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.

  • Obtained dismissal of class action complaints alleging price fixing among online travel agents and national hotel chains.

  • 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.

  • Obtained modification of an FTC Consent Order for a leading manufacturer of audio equipment, with regard to resale price maintenance and related promotional programs.

  • Represented the maker of in-store advertising and promotional products in litigation alleging exclusive dealing, conspiracy in restraint of trade, monopolization, attempt to monopolize, a horizontal boycott, and false advertising in the in-store advertising and promotion market.

  • Represented a Japanese business executive in a federal criminal antitrust investigation alleging price fixing in the liquid crystal display (LCD) industry.

  • 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.

  • 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 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 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 Insignia Systems, Inc. in action against dominant competitor in the in-store advertising industry alleging violations of federal and state antitrust 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.

  • 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 prominent technology trade association, and achieved the only amicus status granted by the court, in the remedies phase of the Department of Justice monopolization suit against Microsoft.

  • 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.

  • 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.

  • 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.

  • Successfully resolved antitrust counterclaims alleging exclusive dealing and conspiracy to restrain trade in domestic truck tire re-treading market on behalf of a tire manufacturer and a car company.

  • Successfully settled monopolization and exclusive-dealing claims in marine engine markets on behalf of a car company.
Partner
Email (202) 342-8811(202) 342-8811
Bill MacLeod chairs the firm’s Antitrust and Competition practice group.  The Immediate Past Chair of the Antitrust Section of the American Bar Association, Bill is a former bureau...
Partner
Email (212) 808-7718(212) 808-7718
John Callagy has served as trial and appellate counsel for numerous disputes in various federal and state courts, representing his clients on virtually all legal issues affecting large domestic an...
Partner
Email (212) 808-7771(212) 808-7771
Bill Escobar is one of Kelley Drye’s leading trial lawyers.   Bill defends, prosecutes and resolves serious business disputes for both domestic and international business clients. &nbs...
Partner
Email (212) 808-7697(212) 808-7697
Marisa Lorenzo is a litigator who focuses on investigations, enforcement actions and lawsuits involving the communications industry.  Marisa works with clients, including communication service...
Partner
Email (212) 808-7889(212) 808-7889
Nicholas Panarella is a dedicated litigator, trial advocate and appellate attorney.  With more than two decades of experience in resolving serious, high-stakes disputes, Nick has litigated co...
Partner
Email (312) 857-7083(312) 857-7083
Julian Solotorovsky chairs the firm’s White Collar, Investigations and Compliance practice group.  His practice is focused on litigation, including white collar crime, internal inv...
Partner
Email (310) 712-6110(310) 712-6110
With more than four decades of practice as a trial lawyer, Andrew White has won jury and nonjury trials in a wide array of complicated, high-stakes business disputes.  Notably, the general co...
Senior Associate
Email (312) 857-7078(312) 857-7078
Catie James is a senior associate in the firm’s Chicago office. Her practice focuses on telecommunications, intellectual property, and commercial litigation. Catie's experience includes ...
Associate
Email (202) 342-8415(202) 342-8415
Mindy Pava is an associate in the firm’s Washington D.C. office. Her practice focuses on general litigation, with a particular emphasis on consumer class action defense, commercial litigation...

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