Antitrust

Throughout our history, we have prosecuted and defended large scale antitrust and unfair competition claims under the Sherman Act, the Cartwright Act and other federal and state acts addressing the bounds of fair competition.  We have acted as co-lead counsel in some of the largest nationwide antitrust class actions, taking some of these to eight, nine and even ten figure verdicts.  We have defended clients in antitrust cases from industries such as telecommunications, banking, media, consumer products, semiconductor manufacturing and computer software, in some notable cases winning dismissals before discovery has even commenced.

We are at the forefront of analyzing innovative antitrust theories, including those based on network effects and the use of technological developments or standards to stifle competition, and regularly work with many of the nation's leading economists.  We have particular experience in handling cases under California's Business & Professions Code Section 17200, with which companies doing business in California have become all too familiar. We have also developed significant experience in the role that antitrust counterclaims, including PREI, Walker-Process and Handgards claims, frequently play in patent litigation.

Our expertise in the interrelationships between antitrust law, technology, and intellectual property rights is nationally recognized.  For example, one of our partners served as the Special Master in the high-profile consumer class action and competitor class action lawsuits filed against Microsoft for its alleged antitrust violations.

In our transactional practice, we assist our clients with antitrust risk assessments of proposed mergers and acquisitions throughout the life of a transaction.  We regularly advise our clients on compliance with the Hart-Scott-Rodino Antitrust Improvements Act and routinely handle pre-merger notifications filings with the Department of Justice and the Federal Trade Commission as well as  “second requests” for information sought by the antitrust agencies.  Our experience with antitrust controversies in the merger context includes a variety of industries such as retail foods, gaming and renewable energy.