Practice Areas & Industries: Greenberg Traurig, LLP

 




Antitrust Litigation & Competition Return to Practice Areas & Industries

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Practice/Industry Group Overview

Antitrust Litigation

Greenberg Traurig attorneys are currently litigating civil and criminal antitrust cases and investigations throughout the United States and Europe. Our Antitrust Litigation & Competition Practice is built on an international platform with litigators experienced in the prosecution and defense, including through trial, of all manner of antitrust-related claims.

Our capabilities and experience have propelled the growth of the practice. In 2009, Law 360 Litigation Almanac ranked GT’s competition practice as the second busiest nationally. Individually, numerous members of the practice have also been recognized by Chambers USA, Super Lawyers, Euromoney’s Guide to the World's Leading Competition and Antitrust Lawyers, International Who’s Who of Business Lawyers and Best Lawyers in America, among others.

Federal and State Antitrust Experience

We have a deep bench experienced in every aspect of civil and criminal antitrust litigation, as well as other antitrust advocacy proceedings, including:

  • Merger litigation experience and competition advocacy
     
  • Defense of companies in federal and state antitrust enforcement agency investigations and litigation

Members of our group also focus on comprehensive counseling concerning practices that could create antitrust issues. We craft alternative approaches that could eliminate or reduce antitrust risks (as well as litigation expenses).

Trial Experience in Antitrust Cases

When necessary, this is a trial-ready group: the GT practice includes attorneys who have tried cases on behalf of, as well as against, federal and state antitrust enforcement agencies, such as former prosecutors with the U.S. Department of Justice Antitrust Division and staff members of the Federal Trade Commission. Further, our combination of plaintiff and defendant experience enables us to provide trial insights not found in most comparable firms.

Civil Litigation

  • Representation of plaintiffs and defendants in procedurally complex multidistrict and state/federal multijurisdictional litigation, including class and parens patriae actions, and involving federal and state antitrust and state unfair competition claims
     
  • Experience in litigating antitrust issues raised in patent validity and patent infringement cases
     
  • Current litigation includes price fixing, price discrimination, refusals to deal and other antitrust claims involving such matters as academic standard setting, automotive products, compressors, retailing, title insurance, tobacco products, vitamins and waste disposal
     
  • Litigation and investigative experience across an array of other industries, including airlines, apparel, auto rentals, automobiles, chemicals, computer hardware and software, dairy products, electrical equipment, energy, forest products, grocery products, health care, industrial products, military aircraft and metals, motion pictures, pharmaceutical products, publishing, recorded music, telecommunications, textiles, title insurance, toys and waste disposal

Criminal Antitrust Matters and Governmental Investigations

  • Members of our practice have represented corporations in governmental investigations into alleged price fixing and other conduct in a broad range of industries, including various industrial products and chemicals, textiles, high technology, entertainment and foods.

Distribution

We have virtually unmatched experience in antitrust litigation and counseling with respect to the distribution of goods and services, addressing issues that include, among others, horizontal and vertical pricing communications, price discrimination, predatory pricing and other dominant company behavior, tying and bundling, exclusive dealing, loyalty discounts, slotting allowances, cooperative advertising programs, category management and refusals to deal.

  • Representations have included clients in the following industries, among others: airlines; apparel; automobiles and automotive products; newspaper, book, and magazine distribution; toys; candies; tobacco products; computer software; electronics; food, grocery and toiletry products; prescription and non-prescription drugs; and recorded music – as well as major retailers, buying groups and trade associations.

 

Services Available

 
Group Presentations
  2013 Hot Button Federal Enforcement Issues, February 21, 2013
2013 Hot Button Federal Enforcement Issues, February 20, 2013
 
Past Seminar Materials
  New York State Bar Association - Women's Panel and Networking Event, January 23, 2013
 
 
Articles Authored by Lawyers at this office:

Noticeability Notably Nuanced
Teresa Charatjan,Jacomijn Christ,Hans Urlus, December 11, 2015
On Nov. 26, 2015, the Court of Justice of the European Union (CJEU) ruled in SIA Maxima Latvija v. Konkurences Padome, that a clause in a commercial lease agreement between a shopping center lessor and an anchor tenant, granting that anchor tenant the right to oppose the letting of the commercial...

FDA Finalizes Food Safety Regs for Preventative Controls, Hazard Analysis
M. Antonio Gallegos,Justin J. Prochnow, September 21, 2015
On Sept.10, 2015, the FDA announced two sets of final regulations which were mandated by the FDA Food Safety Modernization Act (FSMA) of 2011: (1) Preventative Controls and Hazard Analysis for Human Food; and (2) Preventative Controls and Hazard Analysis for Animal Food. The final regulations are...

Dutch Court of Appeal Allows the Use of Wiretaps by Competition Authority
Teresa Charatjan,Hans Urlus, July 31, 2015
On July 9 2015, the Dutch Court of Appeal (het College van Beroep voor het bedrijfsleven) overturned two judgments of the Rotterdam District Court. The Dutch Court of Appeal ruled that the Dutch competition authority (Autoriteit Consument en Markt hereafter referred to as ACM) is allowed to use...

DOJ Warns Extradition ‘Safe Havens’ Fading And Promises More Extradition Fights
A. John Pappalardo,Sanford M. Saunders,Nicoleta Timofti, June 16, 2015
The U.S. Department of Justice (DOJ) continues to push the extraterritorial reach of U.S. criminal laws. In the recent months, DOJ has demonstrated that its international enforcement efforts in the white-collar criminal front will include aggressive use of extradition requests for foreign nationals...

Parallel Texts: Tacit Collusion Still Legal
John J. Elliott,Scott Martin, May 25, 2015
Although it cited but a single case, a Seventh Circuit panel exhaustively addressed the crucial antitrust standard for examining parallel conduct in its April 9, 2015 affirmance of a defense summary judgment in In re: Text Messaging Antitrust Litigation.1 Judge Richard Posner authored the unanimous...

The New UK Consumer Rights Act - The Changing Face of Collective Actions for Competition Damages in Europe
Simon Harms,Lisa Navarro, May 25, 2015
On March 26, 2015, Royal Assent was given to the United Kingdom’s Consumer Rights Act 2015 (Consumer Rights Act), which is scheduled to come into force Oct. 1, 2015. The Act amends the UK's Competition Act 1998 (Competition Act) by making it easier for individuals and organizations to bring...

EU Approach to Information Sharing: CJEU ruling in Banana Cartel
Teresa Charatjan, May 15, 2015
Information exchanges between competitors is a highly topical issue under EU competition law. The recent judgment of the Court of Justice of the EU (CJEU), the highest EU court, confirmed its significance when it recently ruled that a bilateral exchange between banana importers of pre-pricing...

Kodak’s Pricing Policy for Printer Parts and Ink Gets Jammed By the Sixth Circuit
Irving Scher, May 15, 2015
On March 16, 2015, in Collins Inkjet Corp. v. Eastman Kodak Co.,1 the Sixth Circuit became the first court of appeals to adopt a cost-based test for determining when a supplier’s differential pricing policy for joint sales of two products constitutes an “economic” tying claim that...

Major FTC Exclusive Dealing Decision Upheld By the Eleventh Circuit
Irving Scher, May 15, 2015
In 2009, following passage of federal legislation that provided a large infusion of money for U.S. waterworks projects that required domestic ductile iron pipe fittings, Star Pipe Products (Star) entered the domestic fittings market. In response, McWane, Inc., which since 2006 was the only U.S....

CFPB Enforcement Action Against National Mortgage Servicer
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, May 12, 2015
On April 21, the CFPB announced a joint enforcement action with the Federal Trade Commission against a national mortgage servicing company that specializes in servicing delinquent loans. The complaint alleges that the mortgage servicer violated various consumer protection laws and injured borrowers...

CMS Offers a New Accountable Care Organization Model
Caroline Brancatella,Whitney Magee Phelps,Nancy E. Taylor, March 19, 2015
On March 10, 2014, the Centers for Medicare & Medicaid Services (CMS) unveiled a Request for Applications (RFA) for the Next Generation Accountable Care Organization (Next Generation ACO or Next Generation Model), to “test whether strong financial incentives for ACOs can improve health...

U.S. Imposes Targeted Sanctions on North Korea - Additional Sanctions Expected
Sandra K. Jorgensen,Renee A. Latour,Julia Sorrentino, March 05, 2015
On Jan. 2, 2015, President Obama signed an Executive Order expanding the scope of the current U.S. sanctions against North Korea. The expanded sanctions are directed primarily at the government of North Korea and associated entities and individuals. Pursuant to the new sanctions, the property of...

FTC and DOJ Hold Workshop on Health Care Payment Models and Effects on Competition
Whitney Magee Phelps, March 04, 2015
Health care is the single largest industry in the United States with expenses comprising 18 percent of the gross domestic product. Costs need to be controlled while maintaining and improving the quality of care provided. This can be accomplished either through competition or regulation. In addition...

Made in the USA' Claims: California Adds Complications to FTC Standards
Ed Chansky,Erica Okerberg, March 04, 2015
Under current Federal Trade Commission (FTC) guidelines, a product may be advertised as “Made in the USA” if “all or virtually all” of the labor and materials in the product are domestic. While this standard is relatively strict, it allows a bit of flexibility in at least...

Revised Hart-Scott-Rodino Premerger Notification Thresholds for 2015
Andrew G. Berg,Mary K. Marks, March 04, 2015
On Jan. 15, 2015, the Federal Trade Commission (FTC) announced revised Hart-Scott-Rodino Act (HSR) reporting thresholds under which transactions will be reportable only if, as a result of such transaction, the acquiring person will hold voting securities, assets, or non-corporate interests valued...

U. S. Allows Additional Trade with Cuba
Kara M. Bombach,Sandra K. Jorgensen,Renee A. Latour, March 04, 2015
Amendments Implement Changes Announced by President Obama on Dec. 17, 2014 On Jan. 16, 2015, the U.S. Government will amend the existing Cuba-related regulations allowing certain types of travel, remittances, financial transactions and exports to Cuba.

U.S. Commerce Department Revives Previously Dormant Form BE-13 (Foreign Direct Investment Reporting Requirement)
Cyril T. Brennan,Renee A. Latour,Julia Sorrentino, March 04, 2015
The U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) has reinstated a previously dormant reporting requirement via Form BE-13 for certain new foreign direct investment in the United States. The reporting requirement applies retroactively.

Revised Clayton Act/Hart-Scott-Rodino Premerger Notification Thresholds for 2015
Mary K. Marks, February 24, 2015
On Jan. 15, 2015, the Federal Trade Commission (FTC) announced revised Hart-Scott-Rodino Act (HSR) reporting thresholds under which transactions will be reportable only if, as a result of such transaction, the acquiring person will hold voting securities, assets, or non-corporate interests valued...

Tencent vs. Qihoo - A Significant 2014 Anti-monopoly Ruling in China
Cathy Zhang,Dawn (Dan) Zhang, February 24, 2015
After an almost two-year litigation marathon, the Supreme People’s Court of China (Supreme Court), in October 2014, upheld the ruling of the Guangdong High Court (High Court) that Tencent QQ did not abuse a market dominance position under the Anti-monopoly Law of People’s Republic of...

The FTC’s Continuing Focus on Trade Associations
John J. Elliott, February 24, 2015
Trade Associations, by their nature, are inviting targets for the Federal Trade Commission (FTC) and private antitrust plaintiffs alike. Just since August 2014, six associations have entered settlement agreements with the FTC. Those agreements, and in particular, the two entered into Dec. 23, 2014...

Antitrust Damages in Civil Actions: Will the New Directive Open the Floodgates?
Teresa Charatjan,Hans Urlus, February 20, 2015
On Dec. 26, 2014, the Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union entered into force (Directive). The Directive’s principal purpose is to harmonize...

Confirmation of the EU Parental Liability Doctrine
Teresa Charatjan,Hans Urlus, February 20, 2015
In a Dec. 30, 2014 decision, the Dutch competition authority, the Authority for Consumers & Markets (ACM), followed the European Commission’s parental liability doctrine for infringements of article 101 of the Treaty on the Functioning of the European Union (TFEU). For the first time in...

Enforcement of European Competition Law by the NCAs and More Particularly by the ACM
Teresa Charatjan,Hans Urlus, February 20, 2015
National competition authorities (NCAs) are responsible for the national enforcement of (both national and European) competition law. Regulation 1/2003 empowered NCAs (and also national courts) to apply all aspects of European competition law, reducing some of the European Commission’s burden...

Fitting Cloned Horses Through the Eye of American Needle - Fifth Circuit Raises Doubts About Organizations Capable of Conspiring With Their Members
Gregory J. Casas,Alan W. Hersh, February 20, 2015
In American Needle, Inc. v. National Football League,1 the Supreme Court addressed whether a sports organization is capable of conspiring with its members to restrain trade within the meaning of Section 1 of the Sherman Act. The case involved a clothing manufacturer who sued the National Football...

Ninth Circuit Rules That Major League Baseball Remains Exempt from Antitrust Laws
Irving Scher, February 20, 2015
The U.S. Supreme Court has said that the doctrine of stare decisis reflects a “policy judgment that in most matters it is more important” that a “rule of law be settled than that it be settled right,” and that the static nature of settled law usually is strongest when the...