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Practice/Industry Group Overview
Keker & Van Nest maintains a diverse and growing antitrust practice. On the civil side, we both defend against and prosecute antitrust claims for our clients. We represent individuals and corporations in individual and class-action suits in federal and state court, as well as in federal and state administrative proceedings and in investigations by federal and state enforcement authorities. On the criminal side, we represent individuals and corporations in investigations by both federal and state prosecutors.
Not only are we experienced in litigating antitrust disputes, but outside the litigation context, we also advise our clients on how best to comply with applicable antitrust laws in formulating internal policies and participating in trade associations. A few representative matters are listed below:
- We represent a major foreign manufacturer in defending against claims of price fixing.
- We represent numerous companies and individuals in criminal investigations of alleged antitrust violations.
- We represent a generic pharmaceutical manufacturer bringing antitrust claims against a patent owner that engaged in inequitable conduct to acquire its patent.
- We are advising a generic pharmaceutical manufacturer on antitrust issues arising from settlements of patent litigation.
- We are defending a generic drug manufacturer against a patent litigation action and pursuing antitrust counterclaims based on evergreening. Just before trial, the patentee agreed to drop all its infringement claims, leaving only our antitrust claims in the case. We defeated a motion to dismiss our antitrust claims in a case of first impression.
- We represent a venture capital firm challenging concerted efforts by recording companies to restrain competition in online music distribution.
- We are defending a major motor-vehicle manufacturer in a series of class-action lawsuits in both state and federal courts. The litigation has received national attention and includes over 25 separate nationwide class actions in federal court, which cases have been coordinated by the federal Judicial Panel on Multidistrict Litigation; nearly 40 cases in California state courts, which have also been coordinated; and 11 cases in the trial courts of eight other states.
- We are defending a major credit card network against antitrust claims relating to its network rules.
- We represented one of the world's largest manufacturers of integrated circuits in defending against claims that it had conspired with another technology company. The case settled on extremely favorable terms.
- We successfully prosecuted an antitrust claim on behalf of a major utility against a large energy supplier. The case arose out of the 2000-01 California energy crisis and resulted in a favorable settlement for our client.
- We successfully defended a major biotechnology company in a Sherman Act suit brought by a competitor. We persuaded the district court to summarily dismiss the claims.
- We represented a major beverage distributor in an investigation by the California Attorney General, and persuaded him not to pursue a case against our client.
- We prevailed at a jury trial of Sherman Act claims on behalf of a commodity seller against a distributor.
- We are counseling a major clothing manufacturer on how to comply with antitrust laws while working with a trade association to establish internationally-applicable labor standards. We are advising a regional beverage-industry trade association in developing a code of conduct for its members.
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