Antitrust

The nationally recognized attorneys in the Stinson Antitrust practice have been selected to represent clients in some of the country’s most significant antitrust cases, including class actions. Our antitrust cases cover various industries, including food products, chemicals, prescription drugs, agricultural markets, hospitals and other health care providers, air freight, cable television, technology and real estate brokerage, just to name a few.

Stinson represents clients in antitrust and consumer protection investigations and enforcement actions brought by the Department of Justice (DOJ), the Federal Trade Commission (FTC) and state attorneys general. The Stinson Antitrust litigation practice includes attorneys who previously served in antitrust agencies as well as attorneys who have been asked to represent the agencies in mergers and other significant enforcement actions.

Our attorneys have an in-depth understanding of the economic issues that are at the heart of antitrust law. In addition, we regularly engage leading economists to provide expert testimony that is critical to providing the most effective advocacy for our clients.

Stinson's Litigation practice also includes leaders in e-discovery, an important aspect of document-intensive cases. Recognizing our clients' concerns over the cost of discovery, we use cutting-edge technology, including Technology Assisted Review (TAR), to substantially reduce the cost of document review and learn the important facts more quickly.

The attorneys in our Antitrust practice also counsel clients to comply with the antitrust laws when entering into mergers or joint ventures or engaging in other activities that may raise antitrust issues. We prepare merger filings under the Hart-Scott-Rodino Antitrust Improvements Act and represent merging parties throughout the merger review process. We also provide counseling on other business practices, including exclusivity agreements and trade association activities.

Capabilities

Litigation services and counseling are provided in all facets of antitrust law. These include:

• Administrative litigation at both federal and state levels.
• Advertising and promotional services.
• Compliance and monitoring programs.
• Consumer protection issues.
• Corporate and individual conduct impacted by criminal and civil antitrust laws.
• Franchising and distribution agreements.
• Intellectual property issues.
• Investigations by the FTC, Justice Department and state agencies.
• Licensing agreements.
• Merger, acquisition and joint venture structuring/analysis.
• Monopoly concerns.
• Price-fixing, bid rigging and price discrimination.
• Pricing and marketing.
• Restraint of trade.
• Trade association activities.
• Vendor/customer agreements.

EXPERIENCE

Stinson attorneys have experience representing companies in investigating and defending antitrust claims in a wide variety of industries. Our experience includes:

Pork antitrust litigation. We represent a defendant in a group of class action antitrust lawsuits brought in the federal district court in Minnesota. The lawsuits allege that pork producers conspired to reduce the supply of pork in an effort to drive up the price.

Broiler chicken antitrust litigation. We represent a chicken producer in a group of class action and individual lawsuits pending in the Northern District of Illinois (Chicago). The lawsuits allege that producers of "broilers" conspired to reduce the supply of chicken in an effort to drive up the price.

Pharmaceutical patent settlement antitrust litigation. We defended a major pharmaceutical manufacturer against antitrust allegations arising from the settlement of patent litigation.

Brand name prescription drug antitrust litigation. We represented a major pharmaceutical manufacturer who, along with a number of other manufacturers, was sued in federal and state courts for alleged antitrust violations in determining the price of brand name prescription drugs.

Dairy antitrust litigation. We represented the CEO of the largest dairy cooperative in the world in a collection of class action lawsuits alleging price suppression conspiracies and a conspiracy to monopolize.

Egg products antitrust litigation. We represent a defendant in a collection of class action and individual antitrust lawsuits brought against egg producers, egg products companies and other entities. In this multidistrict proceeding, consolidated in the Eastern District of Pennsylvania, the plaintiffs allege that egg producers conspired to reduce the supply of shell eggs in an effort to drive up the price.

NCAA logo antitrust litigation. We defended the NCAA against allegations that its bylaws limiting the use of logos on athletic apparel violated federal antitrust and state laws.

Restaurant alcohol discount pricing litigation. We represented a trade association in obtaining the dismissal of an antitrust case alleging a conspiracy among restaurants and others to eliminate certain types of promotional discounts in the sale of alcoholic beverages.

FTC cable TV investigation. We represented a cable television service provider in a FTC investigation into whether terms of franchises with municipalities were anticompetitive. The investigation closed without action taken.

DOJ criminal investigation. We represented a food company in a Justice Department investigation regarding possible collusion among competitors. The investigation closed without action taken.