Antitrust and Competition

Overview

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

– Chambers USA

Clients trust us to guide their most complex antitrust litigation, provide profitable business and transaction advice, and successfully defend against challenging government investigations worldwide. Our diverse team includes more than 50 antitrust lawyers, many of them former high-ranking regulators from key government agencies such as the Federal Trade Commission and the Department of Justice, as well as state attorneys general. With a well-established record of success, we are recognized as a leading practice by Chambers USA and The Legal 500.

We provide sophisticated and actionable strategies focused on positioning our clients for success in the most crucial antitrust and competition matters. Clients draw on our international experience and resources, including our highly regarded white collar, securities and governance, and commercial litigation attorneys. 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, and on appeal.

Trial-Ready

Our seasoned trial lawyers have litigated and won antitrust jury trials and related appeals nationwide, 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 and thoughtfully 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, 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.).

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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 nationally and internationally. 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 around the world, 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 that not only makes a high bid but also is highly likely 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 worldwide.
  • Determining whether a transaction requires a filing under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act.
  • Preparing HSR filings in the United States and internationally.
  • 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 for 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.
  • Food and beverage.
  • 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

  • Representing Equity Residential, a coast-to-coast real estate lessor, in defending against dozens of nationwide and local class actions in federal court alleging a Sherman Act Section 1 conspiracy in the purported multifamily residential real estate market. The complaints allege that Equity Residential and more than 30 other property developers conspired to use RealPage, Inc.’s pricing analytic software to fix residential lease prices.
  • Successfully defended a downstream energy company Alon USA Energy, Inc., a subsidiary of Delek US, against allegations of price-fixing in the California gasoline market. The federal court in the Southern District of California in a precedent-setting 103-page opinion granted Alon’s motion for summary judgment and also the summary-judgment and expert-preclusion motions of its co-defendants. 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 alleged that California consumers were overcharged at the pump between 2012 and 2022 due to the defendants’ allegedly coordinated refinery shutdowns, exchange agreements, wash trades, and imports and exports to restrict the supply of gasoline and create the appearance of gasoline shortages. Plaintiffs had sought $15 billion in damages before trebling. 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 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.
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Professionals

Name Title Office Email
Partner San Francisco
Associate Los Angeles
Associate Cleveland
Of Counsel Washington, D.C.
Partner New York
Partner Dallas
Associate Cleveland
Associate Washington, D.C.
Partner Washington, D.C.
Partner Cleveland
Counsel Cincinnati
Partner Houston
Of Counsel Washington, D.C.
Partner Philadelphia
Partner Washington, D.C.
Partner Washington, D.C.
Associate New York
Counsel Philadelphia
Partner Philadelphia
Partner Washington, D.C.
Partner Houston
Partner Houston
Partner Chicago
Partner Washington, D.C.
Associate Washington, D.C.
Partner Los Angeles
Associate New York
Counsel Washington, D.C.
Partner Los Angeles
Partner Washington, D.C.
Partner San Francisco
Partner Washington, D.C.
Partner Cleveland
Associate Philadelphia
Partner Cleveland
Partner Philadelphia
Partner Washington, D.C.
Partner Cleveland
Partner New York
Associate New York
Staff Attorney Washington, D.C.
Partner Washington, D.C.
Associate New York
Partner Washington, D.C.
Counsel Chicago
Counsel Philadelphia
Associate New York
Associate New York
Partner New York
Partner Cleveland

Experience

  • Representing Equity Residential, a coast-to-coast real estate lessor, in defending against dozens of nationwide and local class actions in federal court alleging a Sherman Act Section 1 conspiracy in the purported multifamily residential real estate market. The complaints allege that Equity Residential and more than 30 other property developers conspired to use RealPage, Inc.’s pricing analytic software to fix residential lease prices.
  • Successfully defended a downstream energy company Alon USA Energy, Inc., a subsidiary of Delek US, against allegations of price-fixing in the California gasoline market. The federal court in the Southern District of California in a precedent-setting 103-page opinion granted Alon’s motion for summary judgment and also the summary-judgment and expert-preclusion motions of its co-defendants. 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 alleged that California consumers were overcharged at the pump between 2012 and 2022 due to the defendants’ allegedly coordinated refinery shutdowns, exchange agreements, wash trades, and imports and exports to restrict the supply of gasoline and create the appearance of gasoline shortages. Plaintiffs had sought $15 billion in damages before trebling. 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 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

  • The Legal 500 United States: Antitrust – Civil Litigations/Class Actions (2014 to 2020)
  • U.S. News – Best Lawyers “Best Law Firms”
    • Antitrust Law: Washington, D.C. (2013 to 2020)
    • Litigation – Antitrust: National (2012 to 2020); Cleveland (2012 to 2020); Columbus (2012 to 2020)
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

News

News

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

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Antitrust Advocate
Is This the Beginning of a Sentencing Revolution?
By Lindsey Olson Collins
December 9, 2022
Third Circuit Limits Sentencing Guidelines to Actual Loss: Implications for Fraud and Possibly Antitrust Sentencing On Nov. 30, 2022, following the U.S. Supreme Court’s 2019 decision in Keiser v. Wilkie and contrary to the guidelines’ own...
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Antitrust Advocate
Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act
By Jeffry W. Duffy, Tyson Y. Herrold, Carl W. Hittinger, Justin M. Kadoura
November 21, 2022
Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC...
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Antitrust Advocate
Yer out (for now): MLB dismissed from antitrust lawsuit because of historic antitrust exemption
By Julian D. Perlman
November 8, 2022
In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost on the eve of...
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Antitrust Advocate
DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years
By Lindsey Olson Collins, Carl W. Hittinger
November 4, 2022
Key Takeaways U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. The elements enumerated in the Zito plea...
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Antitrust Advocate
Hospital Mergers: The Future of COPA Immunity
By Tyson Y. Herrold, Carl W. Hittinger, Marc G. Schildkraut
October 26, 2022
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse Health System, Inc...
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FTC Finally Offers ‘Principles’ Governing Section 5 Powers, but Specific Guidance to Businesses Still Lacking