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Practice/Industry Group Overview
HRO’s Antitrust and Competition Group is comprised of 25 talented attorneys with broad experience representing clients in civil antitrust suits, federal and state antitrust and unfair competition investigations and proceedings, and responses to H-S-R requests, as well providing counseling to clients with ongoing antitrust and competition compliance needs and to clients contemplating or implementing mergers, acquisitions, joint ventures, or industry-wide technical standards. With eight offices in the U.S. and Europe, the Antitrust and Competition Group is able to serve clients on a global basis.
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Services Available
HRO’s antitrust and competition litigation practice is premised on the view that the ability and willingness to take cases to trial maximizes not only the chances of a good trial outcome but also the chances of obtaining a favorable and cost-effective pre-trial settlement where appropriate. This emphasis on trying cases rather than simply “litigating” them fosters (and is supported by) a practice of using cross-office teams of complementary practitioners to create the strongest possible representation for each particular client and dispute. In the modern world, talent, expertise, and devotion to client service are more important than the location of one’s desk. Implementing this philosophy, members of HRO’s Antitrust and Competition group have successfully concluded litigation or agency proceedings for numerous companies, including for example Visa U.S.A., StorageTek, Sun Microsystems, Wells Fargo, Business Wire, Panasonic Wireless/NTT Docomo, and USAA Insurance Company.
HRO has also developed a specialty in guiding clients through Hart-Scott- Rodino (“H-S-R”) filings and responding to associated information and document requests. The firm has represented clients in responding to H-S-R Second Requests in two of the largest mergers and asset sales involving Colorado companies.
HRO’s counseling practice is premised on the view that a corporate understanding of antitrust and competition principles combined with a sound antitrust compliance plan is essential to reducing or eliminating the risk of potentially crippling litigation. The practice includes presentations tailored to the audience (e.g., business managers or in-house counsel), to the particular industry, and to the particular business needs of each individual client. HRO’s counseling practice covers all facets of federal and state antitrust and competition law, including issues relating to pricing, marketing and advertising, intellectual property, licensing, joint ventures and strategic alliances, and mergers and acquisitions. Members of HRO’s Antitrust and Competition Group have counseled both domestic companies (including for example Visa U.S.A.; Affymetrix; BusinessWire; and) and foreign companies seeking advice on U.S. law (including a major Japanese electronics company and a major Canadian publishing company).
HRO’s antitrust and competition practice group is co-chaired by Jesse Markham in San Francisco and Bobbee Musgrave in Denver. Mr. Markham has more than 25 years experience counseling clients and litigating antitrust and competition disputes. He served as the Deputy Attorney General (Antitrust) for both California and Massachusetts and has chaired the antitrust practice groups at Orrick Herrington & Sutcliffe and Morrison & Foerster. He is a former Chair of the California State Bar Antitrust Law Section and has been identified as a top antitrust lawyer by such publications as Chambers USA, 2006 PLC Which Lawyer? Yearbook, Best Lawyers in America, and US Lawyer. Mr. Markham has taught antitrust law courses as adjunct professor at the University of San Francisco Law School since 1992. Representative recent clients have included include All Nippon Airways, Duraflame, USAA Insurance Company, Affymetrix, JPMorgan Chase, and Panasonic Wireless, and NTT Docomo.
Ms. Musgrave has more than 25 years of experience trying antitrust cases in federal and state courts including Colorado, Massachusetts, and Arizona. She has also successfully argued two antitrust cases before the 10th Circuit Court of Appeals. She is a former Chair of the Antitrust subsection of the Colorado Bar Association Business Law Section, and is a frequent speaker on antitrust issues. She has also been recognized as a Super Lawyer in Colorado in the area of antitrust in 2006 and 2007. Representative recent clients include CH2M Hill, Ricoh, Sun Microsystems and Qwest Communications.
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Matter Experience
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Reported Cases |
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Emery v. Visa International Service Assn., et al., 95 Cal. App. 4th 952 (3rd Dist. Cal., 2002)
, January 2, 2002 Brower v. Evans, 257 F.3d 1058 (9th Cir. 2001)
, January 2, 2001 Brower v. Daley, 93 F. Supp. 2d 1071 (N.D. Cal., 2000);, January 2, 2000 In re Interactive Network Securities Litigation, 948 F. Supp. 917 (N.D. Cal., 1996)
, January 2, 1996
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