Antitrust Litigation & Civil Investigations

Contact(s)

A firm with a "[h]ighly analytic and creative approach to developing new arguments" - Chambers USA

Cadwalader's Antitrust team advises clients and serves as counsel in connection with some of the most notable and complex antitrust issues, including the landmark antitrust case, U.S. v. Microsoft. With expertise in the full range of antitrust matters, including areas as diverse as monopolization, price-fixing, tying, group boycotts, exclusive dealing, resale price maintenance, bid-rigging, and price discrimination, our antitrust litigators regularly appear before trial and appellate courts throughout the country, as well as before the U.S. Supreme Court. They have argued complex civil and criminal antitrust cases, including major treble-damage actions, nationwide class actions, consolidated multidistrict litigation, and lawsuits initiated by the U.S. antitrust enforcement agencies and state attorneys general.

In addition to our in-court experience, our leading practitioners frequently are called on to assist clients in avoiding costly litigation or resolving ongoing litigation. Our attorneys focus on formulating practical and creative solutions that are designed to assist our clients in achieving their business objectives, while at the same time minimizing litigation risk. In addition to dispute resolution, our Antitrust team regularly assists clients in developing and administering antitrust compliance programs, including compliance with existing antitrust judgments and decrees.

  • AK Steel Holding Corporation in an antitrust class action litigation alleging an industry-wide conspiracy to restrict the output of steel.
  • Anheuser-Busch Companies, Inc. in the dismissal of an antitrust litigation challenge by beer consumers to enjoin and later unwind the merger of Anheuser-Busch and InBev.
  • Anheuser-Busch in a jury trial in which the defendant wholesaler brought numerous counterclaims, including a maximum resale price maintenance claim under Section 1 of the Sherman Act.
  • Anheuser-Busch in obtaining a dismissal of antitrust and Robinson-Patman Act claims brought by a terminated distributor.
  • Anheuser-Busch, Inc. in a favorable resolution of action brought by terminated wholesaler alleging breach of contract, trademark infringement, unfair competition, fraud, and violation of New York's antidilution law.
  • Anheuser-Busch, Inc. in a successful defense verdict in a three-month bench trial in which the State of New York challenged as an antitrust violation the adoption of exclusive distribution territories.
  • Anheuser-Busch, Inc. in a successful jury trial upholding a distribution contract against an antitrust challenge.
  • Anheuser-Busch, Inc. in a successful two-week bench trial against antitrust attempted monopolization claims by Heileman and Miller.
  • Bacardi U.S.A., Inc. in the successful dismissal of claims filed in federal court in the Southern District of Florida relating to the lawfulness of Bacardi's decision to terminate certain distribution relationships in particular states. Defended Bacardi and Brown-Forman in a related lawsuit in federal court in the District of Minnesota alleging Bacardi and Brown-Forman engaged in a joint refusal to deal by virtue of the two companies' decisions to terminate certain distribution relationships.
  • The Fair Isaac Corporation as lead antitrust counsel in an action in the U.S. District Court for the District of Minnesota against the three national credit bureaus, Equifax, Experian, and Trans Union, and their joint venture VantageScore.
  • Financial Security Assurance, Inc. and Financial Security Assurance Holdings, Ltd. in multidistrict class action litigation alleging antitrust violations in the municipal derivatives industry.
  • A major financial institution in the dismissal of a purported class action alleging an antitrust violation in connection with auction rate securities, where plaintiffs claim violations of the federal antitrust laws based on an alleged conspiracy to artificially restrain trade in the auction rate securities market.
  • First Data Corp. and Concord EFS in antitrust class action proceedings in the Northern District of California alleging that the setting of interchange fess in the Star ATM network violates Section 1 of the Sherman Act.
  • Kentucky Speedway in its appeal of the dismissal of its antitrust lawsuit claiming NASCAR and International Speedway Corp. conspired to monopolize and restrain trade in auto racing at the premier racing circuit level.
  • MyTriggers.com, Inc. in antitrust counterclaims filed in Ohio state court against Google. MyTriggers is alleging that Google and its partners engaged in an effort to squelch nascent competition from vertical search websites, such as MyTriggers' shopping comparison sites.
  • Nestlé in a nationwide class action alleging price-fixing. Obtained summary judgment for Nestlé.
  • TradeComet.com LLC in an antitrust action filed in the U.S. District Court for the Southern District of New York against Google, alleging that Google, in an effort to thwart TradeComet.com's subsidiary, SourceTool.com, has blocked search traffic by instituting large price increases.
  • US Airways in a federal civil antitrust lawsuit against Sabre Holdings Corp., to halt anticompetitive and anti-consumer practices, including engaging in a pattern of exclusionary conduct to shut out competition, protect its monopoly pricing power, and maintain its technologically-obsolete business model.

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8 Attorneys

Brophy, Vincent Partner Brussels
T. +32 (0)2 891 81 70
London
T. +44 (0) 20 7170 8770
Burns, Gillian Groarke Special Counsel New York
T. +1 212 504 5696
Harris, Evan Associate Washington
T. +1 202 862 2227
Hulbig, Ngoc Pham Counsel Charlotte
T. +1 704 348 5282
Langsdale, Gregory W. Special Counsel Washington
T. +1 202 862 2267
Levin, Andrew Associate Washington
T. +1 202 862 2460
Moll, Peter Partner Washington
T. +1 202 862 2220
Ray, Amy W. Partner Washington
T. +1 202 862 2358

Contact(s)

Peter Moll
+1 202 862 2220 
peter.moll@cwt.com
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Competition Law in the Financial Services Sector | May 30 | London

Vincent Brophy will speak at this key industry event.

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