Practice Areas & Industries: Greenberg Traurig, LLP

 




Antitrust Litigation & Competition Return to Practice Areas & Industries

Group Profile Lawyers in this Group Offices Locations for this Group
 

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:

Pricing Practices - Latest UK Developments
Lisa Navarro,Lisa Navarro,Irving Scher,Irving Scher, November 22, 2013
The topic of resale price maintenance, and the line between legitimate and illegitimate management of the pricing of products placed on the market, is one which will always challenge companies involved in distribution relationships. As this article demonstrates, any companies that think that...

U.S. Antitrust Agencies Issue Model Waiver of Confidentiality
Mary K. Marks, November 22, 2013
On September 25, 2013, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced the issuance of a joint model waiver of confidentiality for individuals and companies to use in merger and civil non-merger matters involving concurrent review by the DOJ or FTC and non-U.S....

Applying Aspen Skiing, Tenth Circuit Finds Microsoft Not Liable For Terminating Dealings with a Competitor
Ryan F. Harsch,Irving Scher, November 21, 2013
In Novell, Inc. v. Microsoft Corp., the Tenth Circuit affirmed the district court’s post-trial judgment that Microsoft was not liable under Section 2 of the Sherman Act (Section 2) for monopolization of the market for PC operating systems. In doing so, the court reaffirmed that in order to...

Appreciability Analysis: Does the Future of an EC Law Doctrine Hang in the Balance?
Hans Urlus,Emilie van Hasselt, November 21, 2013
Traditionally, EU competition law had two separate tests for determining whether an agreement is anti-competitive—the object test (the agreement’s purpose) and the effects test (its actual effect on competition). Thus, an agreement would be prohibited as anti-competitive either because...

Assistant Attorney General Baer Reports on Recent Developments in DOJ Remedies and Enforcement Policies
Gregory J. Casas, November 21, 2013
On September 25th, Bill Baer, Asst. Attorney General in charge of the Antitrust Division of the Department of Justice (DOJ), spoke at the Georgetown Law 7th Annual Global Antitrust Enforcement Symposium on recent developments in the DOJ's enforcement policy. The speech provided practitioners and...

Final Rules Adopted, Making More Pharmaceutical Patent Transfers Subject to the HSR Act: Increased Review Raises Importance of Valuation
Mary K. Marks, November 21, 2013
On November 6, 2013, the Federal Trade Commission (FTC) in consultation with the U.S. Department of Justice issued final amendments to the premerger notification rules regarding when a transfer of rights to a pharmaceutical patent is reportable under the Hart-Scott-Rodino (HSR) Act. The commission...

Follow-On Private Antitrust Damage Suits In the EU: The Netherlands Experience
Hans Urlus,Emilie van Hasselt, November 21, 2013
In the European Union (EU), unlike the United States, the availability of private antitrust actions has been extremely limited to date. Although the number of such actions has increased over the past decade, the institution of private damages antitrust actions remains underdeveloped. In the EU, the...

Heartburn for Drug Manufacturers: 'Reverse Payment' That Did Not Include a Monetary Payment Held Actionable Under the Antitrust Laws
John J. Elliott,Irving Scher, November 21, 2013
On July 17, 2013, the Supreme Court of the United States resolved a decade of conflicting circuit court decisions in FTC v. Actavis, Inc., ruling that "reverse-payment" settlements of Hatch-Waxman Act patent infringement lawsuits "can sometimes violate the antitrust laws," and...

Six Enforcement Actions Brought Challenging Environmental Product Claims Allegedly Failing To Comply With the FTC's 'Green' Guides
Irving Scher, November 21, 2013
On October 29th, the Federal Trade Commission (FTC) announced six enforcement actions, including one that imposed a $450,000 civil penalty. All six actions challenged allegedly unsupported “green” claims relating to the biodegradability of certain products.

New HSR Rules Will Require More Filings for Pharmaceutical Patent Transfers: Increased Review Raises Importance of Valuation
Mary K. Marks, November 11, 2013
Amendments to the Rules under the Hart-Scott-Rodino (HSR) Act have been adopted that will require compliance with the Act’s reporting and waiting period requirements for certain acquisitions of exclusive pharmaceutical patent licenses that historically have not been reportable because the...

The Federal Trade Commission Again Targets 'Made-In-USA' Claims
Irving Scher, November 11, 2013
After a more than 10 year hiatus, the Federal Trade Commission (FTC) has again brought an enforcement action under its 1997 Policy Statement on “Made in USA” claims. The Policy Statement prohibits advertising a product as “Made in USA” (or equivalent statements) unless...

OFT Investigates Pricing Restrictions in Sale of Mobility Scooters and Sports Bras
Lisa Navarro, October 15, 2013
In September 2013, the Office of Fair Trading ("OFT") issued statements of objection ("SO") in two separate resale price maintenance cases. The first relates to the sale of sports bras, and the second to mobility scooters. Distinct products, sold in different ways, but both have...

Antitrust Agencies Announce Contingency Plans for Shutdown: HSR Filings Should Be Submitted But Investigations May Be Limited
Andrew G. Berg,Mary K. Marks, October 04, 2013
The FTC and DOJ have implemented contingency plans for their operations during the “lapse in appropriations,” which began as we entered the new 2014 fiscal year on October 1, 2013. According to the agencies’ plans, they may only incur obligations (other than those funded from...

The Draft EU Data Protection Regulation: Where Are We Now, And Where Are We Going?
Luke Dixon, September 16, 2013
Recent news on both sides of the Atlantic has included considerable commentary on the issues of data privacy and international data flows. With an important vote on the issue due to take place in the EU Parliament next month, now seems like a good time to bring readers up to date with progress on...