Antitrust and Competition

Overview

“The BakerHostetler legal team is very knowledgeable and experienced … We see no weaknesses in the team.”

– Chambers USA 2018

We help clients navigate the most complex antitrust litigation, provide profitable business and transaction advice, and successfully defend challenging government investigations. Our highly regarded practice team of more than 40 antitrust lawyers across the country is recognized for smart, practical strategies focused on positioning our clients for success in the most crucial antitrust and competition matters. Additionally, we are one of the few antitrust teams in the country that successfully handles large-scale class action antitrust matters, including taking those cases to trial.

Litigation

Our seasoned trial lawyers have litigated and won antitrust jury trials and related appeals, providing clients with the advantage of counsel “who have been there before” in all stages of litigation, including:

  • Identifying, evaluating and developing potential antitrust claims or counterclaims.
  • Offering practical and cost-effective guidance on complex electronic discovery issues from our lawyers active in The Sedona Conference and Georgetown Law’s Advanced eDiscovery Institute.
  • Working with economic and class action experts to address complex economic issues.
  • Winning and defeating case-defining class certification motions.
  • Efficiently preparing cases for trial and presenting them to juries when necessary.
  • Advocating for clients before appellate courts.

Members of our team currently represent clients in some of the largest and most complex antitrust cases in the country, including Persian Gulf Consolidated Antitrust Litigation (S.D. Cal.); In re Vehicle Carrier Services Antitrust Litigation (FMC); International Construction Products LLC v. Caterpillar Inc., et al. (D. Del.); Allen, et al. v. Dairy Farmers of America, et al. (D. Vt.); In re TFT-LCD (Flat Panel) Antitrust Litigation (N.D. Cal.); In re Capacitors Antitrust Litigation (N.D. Cal.); and Brandywine Village Associates v. Giant Food Stores, et al. (E.D. Pa.).

Business and transactions

We position our clients’ goals front and center, understand their business needs and objectives, and provide direct and ongoing guidance aligned with their strategic goals. We serve as the source of day-to-day antitrust advice for public and private clients operating in a wide range of business sectors. While positioned to tackle antitrust issues as they arise, we also help our clients proactively prevent such issues through the development of compliance and training programs.

Government investigations

We have successfully represented clients in investigations and any related litigation initiated by federal and state government enforcers, including:

  • U.S. Department of Justice (civil and criminal)
  • Federal Trade Commission
  • State attorneys general
  • Foreign enforcement authorities
  • Private plaintiffs looking to free-ride government investigations
Antitrust Merger Control and Acquisition

In the sale of a company, sellers seek help determining antitrust risk so that they can select a buyer who not only makes a high bid, but who also has high probability to complete a transaction. Buyers use antitrust analysis to help decide whether to invest resources in due diligence and pursuit of a deal. All parties turn to counsel to guide the deal through the antitrust agencies. Our lawyers help clients with these goals by:

  • Analyzing potential acquisitions to help clients determine the likelihood of a transaction being investigated or challenged by the antitrust agencies
  • Determining whether a transaction requires a filing under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act
  • Preparing HSR filings in the United States
  • Coordinating with counsel outside the U.S. on transactions that require reporting in non-U.S. jurisdictions
  • In cases where an antitrust agency opens an investigation of a merger, guiding the client through that process, including formulating strategy with the client, identifying supportive documents and data, preparing white papers to the investigating agency when useful, meeting in person with the antitrust officials conducting investigations, guiding clients through interviews requested by the agencies, and coordinating with the parties on the other side of the transaction to achieve the optimal outcome
  • Evaluating and preparing litigation or potential settlements

We handle antitrust merger work in a broad array of industries, including:

  • Broadcasting
  • Electric power transmission
  • Healthcare
  • Insurance
  • Life sciences and pharmaceutical
  • Manufacturing in the aerospace, packaging, containers, synthetic rubber, car parts, technical equipment and other industries
  • Oil and gas exploration and production
  • Venture capital

Select Experience

  • Defending a downstream energy company Alon USA Energy Inc., a subsidiary of Delek US, against allegations of price-fixing in the California gasoline market. Pending in federal court in the Southern District of California, the cases were brought against multiple major oil refiners by putative classes of direct and indirect gasoline purchasers under the Sherman Antitrust Act and California’s antitrust statute, the Cartwright Act. The plaintiffs allege that California consumers were overcharged at the pump between 2012 and 2015 due to the defendants’ allegedly coordinated refinery shutdowns and other purported actions to restrict the supply of gasoline or create an appearance of a gasoline shortage in California. Persian Gulf Consolidated Antitrust Litigation (S.D.Cal.).
  • Defeated claims of unfair competition and false advertising on behalf of a national manufacturer, and through a counterclaim, recovered a significant monetary result and imposed a Defending a downstream energy company Alon USA Energy Inc., a subsidiary of Delek US, against allegations of price-fixing in the California gasoline market. Pending in federal court in the Southern District of California, the cases were brought against multiple major oil refiners by putative classes of direct and indirect gasoline purchasers under the Sherman Antitrust Act and California’s antitrust statute, the Cartwright Act. The plaintiffs allege that California consumers were overcharged at the pump between 2012 and 2015 due to the defendants’ allegedly coordinated refinery shutdowns and other purported actions to restrict the supply of gasoline or create an appearance of a gasoline shortage in California.10-year consent decree. In a subsequent proceeding with our client’s insurance carrier, the arbitrator found our work to be “indispensable” to the client.
  • Represented a newspaper publisher against a monopolization private suit and related government investigation and obtained dismissal of the suit and closure of the investigation.
  • Represented a leading manufacturer of industrial equipment against claims challenging its replacement parts policy. After a directed verdict in favor of our client on the antitrust claims, the jury returned a verdict, affirmed on appeal, dismissing the remaining state law claims.
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Professionals

Name Title Office Email
Partner Washington, D.C.
Counsel Washington, D.C.
Partner Columbus
Partner New York
Associate New York
Partner Washington, D.C.
Associate Cleveland
Associate Cincinnati
Counsel Washington, D.C.
Partner Houston
Partner Philadelphia
Partner Washington, D.C.
Partner Washington, D.C.
Of Counsel Houston
Associate Houston
Associate Philadelphia
Partner Philadelphia
Counsel Washington, D.C.
Associate Houston
Associate Washington, D.C.
Of Counsel Columbus
Associate Washington, D.C.
Associate Philadelphia
Associate Los Angeles
Partner Washington, D.C.
Associate Costa Mesa
Partner Washington, D.C.
Partner Cleveland
Partner Cleveland
Counsel Philadelphia
Associate Washington, D.C.
Staff Attorney Washington, D.C.
Partner Washington, D.C.
Partner Washington, D.C.
Partner Washington, D.C.
Partner Cleveland

Experience

  • Defending a downstream energy company Alon USA Energy Inc., a subsidiary of Delek US, against allegations of price-fixing in the California gasoline market. Pending in federal court in the Southern District of California, the cases were brought against multiple major oil refiners by putative classes of direct and indirect gasoline purchasers under the Sherman Antitrust Act and California’s antitrust statute, the Cartwright Act. The plaintiffs allege that California consumers were overcharged at the pump between 2012 and 2015 due to the defendants’ allegedly coordinated refinery shutdowns and other purported actions to restrict the supply of gasoline or create an appearance of a gasoline shortage in California. Persian Gulf Consolidated Antitrust Litigation (S.D.Cal.).
  • Defeated claims of unfair competition and false advertising on behalf of a national manufacturer, and through a counterclaim, recovered a significant monetary result and imposed a 10-year consent decree. In a subsequent proceeding with our client’s insurance carrier, the arbitrator found our work to be “indispensable” to the client.
  • Represented a newspaper publisher against a monopolization private suit and related government investigation and obtained dismissal of the suit and closure of the investigation.
  • Represented a leading manufacturer of industrial equipment against claims challenging its replacement parts policy. After a directed verdict in favor of our client on the antitrust claims, the jury returned a verdict, affirmed on appeal, dismissing the remaining state law claims.
  • Represented a biological products concern in a major vitamin industry price-fixing case involving more than 100 criminal and civil lawsuits worldwide, with our client paying only minimal fines compared with the multimillion-dollar judgments and criminal sentences for other defendants.
  • Successfully represented two major airlines against claims of price fixing on commissions brought by a nationwide class of travel agents and by class opt-out plaintiffs.

Recognition

  • Chambers USA: Litigation
    • Recognized in Florida (2018)
    • Ohio, Litigation: General Commercial, Band 2 (2018)
  • The Legal 500 United States: Antitrust - Civil Litigations/Class Actions (2015, 2016, 2018)
  • U.S. News - Best Lawyers "Best Law Firms" (2016)
    • Antitrust Law
      • Metro Washington, D.C., Tier 3
    • Litigation - Antitrust
      • National Tier 3
      • Metro Cleveland, Tier 2
      • Metro Columbus, Tier 2
  • The Best Lawyers in America© (2016)
    • 1 lawyer named in Antitrust Law
    • 3 lawyers named in Litigation - Antitrust
  • Global Competition Review "GCR 100" (2013 to 2015)
    Antitrust practice recognized among the top practices in Washington, D.C.
  • American College of Trial Lawyers: One partner named a Fellow
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2019 BTI Client Service 30 for the fifth consecutive year.

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

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Antitrust Advocate
Carl Hittinger, Jeanne-Michele Mariani Article Takes a Look at Antitrust Division’s Renewed Focus on Bid Rigging
June 19, 2019
Partner Carl Hittinger and Associate Jeanne-Michele Mariani authored an article published May 8, 2019, by The Legal Intelligencer. The article, “Antitrust Division’s Renewed Focus on Bid Rigging Promises to be Perilous,” focuses on the...
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Antitrust Advocate
Carl Hittinger, Tyson Herrold Article Examines Antitrust Legacy of Former Chief Judge Dolores Sloviter
May 21, 2019
Partner Carl Hittinger and Associate Tyson Herrold authored an article published on April 12, 2019, by Temple University’s business law publication, The Temple 10-Q. The article, “Judge Dolores K. Sloviter’s Antitrust Legacy,” discusses...
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Antitrust Advocate
Carl Hittinger, Jeanne-Michele Mariani Author Article Examining NCAA’s Monopoly Status
April 10, 2019
Partner Carl Hittinger, the Antitrust and Competition team leader, and Associate Jeanne-Michele Mariani authored an article published in the March 29, 2019, issue of The Legal Intelligencer. The article, “The NCAA, Which Is Tied to...
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Antitrust Advocate
Carl Hittinger, Julian Perlman Article Examines Antitrust Legacy of Judge Thomas Vanaskie
March 11, 2019
Partner Carl Hittinger and Counsel Julian Perlman authored an article published March 1, 2019, by The Legal Intelligencer. The article, “Circuit Judge Thomas Vanaskie’s Antitrust Legacy: 2 Significant Cases,” examines opinions issued by...
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Antitrust Advocate
Vertical Merger Review Debate Continues With Antitrust Enforcers
By Danyll W. Foix
February 26, 2019
Since at least 2017, when the U.S. Department of Justice (DOJ) sued to block a vertical merger, the business press has been atwitter about the antitrust enforcement agencies’ views of such mergers, as we covered here. The Federal Trade...
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FTC Finally Offers ‘Principles’ Governing Section 5 Powers, but Specific Guidance to Businesses Still Lacking