Antitrust/Competition Litigation

Experience Highlights

• Mallinckrodt Pharmaceuticals, in obtaining complete defense verdict on Section 1 and Section 2 claims challenging acquisition of a potentially competing drug in bet-the-company trial in bankruptcy court.
• Las Vegas Raiders in winning dismissal of an antitrust challenge to the Oakland Raiders’ relocation to Las Vegas and preserving the judgment on appeal to the Ninth Circuit. City of Oakland v. Oakland Raiders et al.
• Major technology company in both securing the dismissal of an antitrust case that alleged an unlawful employee no-poach agreement and preserving the dismissal on appeal.
• Nucor Corporation in defending against antitrust "group boycott" claims, involving a six-week jury trial and later appeal resulting in total exoneration of client. Supreme Auto Transport, LLC v. Arcelor Mittal USA, Inc.
• Golden State Warriors in obtaining dismissal of antitrust lawsuit challenging the defendants' exclusive partnership for ticket resales. StubHub, Inc. v. Golden State Warriors, LLC and Ticketmaster LLC.
• Koito Manufacturing Co. in indirect purchaser class actions brought on behalf of auto dealers and end-payors alleging price-fixing with regard to automotive lighting products. In re Auto Parts Antitrust Litigation.
• Major pharmaceutical company in successfully defending it in putative antitrust class actions alleging that defendants procured patent by fraud and engaged in sham patent litigation. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. v. Novartis Pharmaceuticals Corp., et al.
• HarperCollins Publishers and Penguin Random House in multiple private retailer litigation matters following on federal and state government investigations into the sale of eBooks. DNAML PTY, Limited v. Apple, Inc., Abbey House Media Inc. v. Apple Inc., and Diesel Ebooks, LLC v. Apple Inc., et al.
• Visa Inc. in 40 litigation actions, consolidated into MDL 1720, brought by merchants contending that practices relating to so-called "interchange" fees and "no surcharge" rules violate the antitrust law. In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation.
• Elanco in winning two separate motions to dismiss against claims of monopolization, tying, and exclusive dealing with respect to the company’s flea and tick products. Tevra Brands LLC v. Bayer Healthcare LLC et al.