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.).

More »
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

  • 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 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.
More »

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
Associate Chicago
Associate Washington, D.C.
Partner 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
Partner Washington, D.C.
Partner Cleveland
Counsel 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.
Partner Washington, D.C.
Associate Philadelphia
Associate New York
Associate New York
Associate New York
Partner Cleveland
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 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

Previous Next
Antitrust Advocate
DOJ's Kanter: New Merger Guidelines to Address Enforcement's ‘Disconnect' with Court Precedent and Market Realities
By Thomas E. Hogan, Joshua J. Jowdy
September 22, 2022
On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks[1] at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his leadership. After touting...
Read More ->
Antitrust Advocate
Federal Court Allows Price-Fixing Class Action to Proceed Against Universities
By Tyson Y. Herrold, Carl W. Hittinger, Ann M. O'Brien, Nicholas M. Rose
September 14, 2022
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the...
Read More ->
Antitrust Advocate
PGA Tour Wins First Round in Antitrust Legal Fight with Players
By Ann M. O'Brien, Alyse F. Stach
August 10, 2022
On August 9, 2022, a federal judge hearing the antitrust lawsuit filed by 11 professional golf players against the PGA Tour ruled against three of the players who had sought a temporary restraining order. The order, if granted, would have...
Read More ->
Antitrust Advocate
Is antitrust liability in the future for the PGA Tour, and beyond?
By Ann M. O'Brien, Alyse F. Stach
August 4, 2022
On August 3, 2022, 11 professional golfers, led by Phil Mickelson, filed an antitrust complaint in the Northern District of California against the PGA Tour for the actions it took against the golfers – including suspension from PGA Tour...
Read More ->
Antitrust Advocate
Baseball's Antitrust Exemption Marks Its 100th Anniversary with a New Challenge
By Tyson Y. Herrold, Carl W. Hittinger
August 1, 2022
For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league staff. In...
Read More ->
FTC Finally Offers ‘Principles’ Governing Section 5 Powers, but Specific Guidance to Businesses Still Lacking