Antitrust Litigation & Disputes

A firm with a "highly analytic and creative approach to developing new arguments" – Chambers USA

Companies subject to antitrust investigation face an increased threat of related antitrust litigation on both sides of the Atlantic. Investigations that start in the United States often trigger parallel investigations in Europe, and vice versa, and follow-on private actions are now the norm in both regions, not just the United States.

In the United States, our attorneys regularly represent clients before federal and state courts. In Europe, our attorneys regularly appear before the EU Court of Justice and the UK High Court and Competition Appeal Tribunal.

The team’s experience includes: stand-alone and follow-on, individual and class actions for damages; applications for judicial review; applications for injunctive relief; and resolution of other complex commercial disputes.

Our attorneys focus on formulating practical and creative solutions that are designed to assist our clients in achieving their business objectives, whilst at the same time minimizing litigation risk. When litigation cannot be avoided, our attorneys have decades of experience litigating high-stakes disputes in the US and Europe. Importantly our attorneys include trial lawyers who have successfully represented clients in antitrust trials before judges and juries.

Representative cases include:

  • In re Credit Default Swaps. Represented an investment bank in defence of US class action litigation arising in connection with parallel DOJ and European Commission antitrust investigations.
  • In re Chocolate Antitrust Litigation. Obtained summary judgment for Nestlé USA in multidistrict proceeding involving 92 cases – direct class, alleged indirect classes, opt-out lawsuits.  Affirmed by the Third Circuit.
  • Ginsburg v. InBev nv/sa and Anheuser-Busch Companies, Inc. Defeated attempt by a group of consumers to obtain a preliminary injunction barring the merger of InBev nv/sa and Anheuser-Busch. Later obtained dismissal of entire case on motion for judgment on the pleadings.  Affirmed by the Eighth Circuit.
  • In re ATM Fee Antitrust Litigation. Obtained summary judgment for clients First Data Corp. and Concord EFS in longstanding case challenging setting of interchange fees in the ATM. Affirmed by the Ninth Circuit. 
  • PSW v. VISA, et al. Obtained dismissal of all antitrust claims brought against clients First Financial Bank and First Data Merchant Services. 
  • Maris Distributing Co., Inc. v. Anheuser-Busch, Inc. Won jury verdict in favor of Anheuser-Busch upholding distribution contract against antitrust challenge.  Affirmed by the Eleventh Circuit.
  • In re Baby Food Antitrust Litigation. Obtained summary judgment for Nestlé in a nationwide class action alleging price-fixing.  Affirmed by the Third Circuit.
  • In re Milk Products Antitrust Litigation. Successfully opposed class certification on behalf of Land O’Lakes in a class action alleging price-fixing.  Affirmed by the Eighth Circuit.
  • New York v. Anheuser-Busch, Inc. Won 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.

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