Antitrust/Competition Litigation

Strategy, capacity and efficiency. With a deep bench of experienced trial lawyers and litigators, our Antitrust Litigation practice represents clients in cutting-edge civil litigation, including class actions, MDLs, and parallel civil and criminal federal and state court litigation. Our cases frequently involve novel legal theories and the development of complex factual records, as well as the overlap of multiple, related matters. We begin each engagement with a trial-focused approach. Clients retain Arnold & Porter for the best of all worlds: comprehensive understanding of antitrust law, sharp and experienced litigators, and a firm commitment to managing the whole process with cost-effectiveness in mind.

Comprehensive Capabilities: We excel in the full range of individual and class action claims, including allegations of price-fixing, tying, monopolization, unlawful distribution arrangements, no-poach agreements, group boycotts, IP licensing practices, and other alleged exclusionary conduct.

Trial-Focused Approach: We try cases and begin with a trial-focused approach. A significant aspect of our practice includes preparing for and coordinating the defense of civil litigation parallel to, or following, government competition investigations.

Impressive Record of Wins Before Trial, at Trial and On Appeal: Our trial lawyers know how to win at trial, but the key to cost-effective management of litigation is often to win at the motion-to-dismiss or summary judgment stage. We have won significant pretrial victories in challenges to horizontal and vertical agreements and alleged exclusionary conduct by dominant firms. We complement that expertise with significant antitrust appellate capabilities to preserve those victories on appeal and to reverse adverse jury verdicts.

» GCR 100 (2019): Ranked No. 3 for Antitrust Litigation

Experience Highlights

  • Major technology company in both securing the dismissal of an antitrust case that alleged an unlawful employee no-poach agreement and preserving the dismissal on appeal.
  • Nucor Corporation in defending against antitrust "group boycott" claims, involving a six-week jury trial and later appeal resulting in total exoneration of client. Supreme Auto Transport, LLC v. Arcelor Mittal USA, Inc.
  • Golden State Warriors in obtaining dismissal of antitrust lawsuit challenging the defendants' exclusive partnership for ticket resales. StubHub, Inc. v. Golden State Warriors, LLC and Ticketmaster LLC.
  • Koito Manufacturing Co. in indirect purchaser class actions brought on behalf of auto dealers and end-payors alleging price-fixing with regard to automotive lighting products. In re Auto Parts Antitrust Litigation.
  • Major pharmaceutical company in successfully defending it in putative antitrust class actions alleging that defendants procured patent by fraud and engaged in sham patent litigation. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. v. Novartis Pharmaceuticals Corp., et al.
  • HarperCollins Publishers and Penguin Random House in multiple private retailer litigation matters following on federal and state government investigations into the sale of eBooks. DNAML PTY, Limited v. Apple, Inc., Abbey House Media Inc. v. Apple Inc., and Diesel Ebooks, LLC v. Apple Inc., et al.
  • Visa Inc. in 40 litigation actions, consolidated into MDL 1720, brought by merchants contending that practices relating to so-called "interchange" fees and "no surcharge" rules violate the antitrust law. In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation.
  • Philip Morris USA in successfully resolving a price-fixing class action alleging that the major tobacco companies had agreed to fix the wholesale price of cigarettes. Smith v. Philip Morris Inc.
  • General Electric Company in both securing dismissal with prejudice of complaint in putative class action alleging anticompetitive conduct relating to radiopharmaceutical distribution and successfully defending judgment on appeal. PharmaRx Class Action.
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