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Practice/Industry Group Overview
Our lawyers have broad experience in litigating claims arising under the Sherman Act and the Texas Free Enterprise and Antitrust Act, as well as representing companies served with Civil Investigative Demands during enforcement investigations brought by the Antitrust Section of the Texas Attorney General’s office. Our cases have included claims under Sherman Act Section 1 (both horizontal and vertical restraint claims, including price and non-price issues); Sherman Act Section 2 claims (monopolization and attempted monopolization); Robinson-Patman Act claims; and claims under section 5 of the FTC Act. We have handled cases brought by private plaintiffs and enforcement actions brought by the Texas Attorney General’s Office. We also have defended our clients successfully against class action antitrust claims. We counsel clients on antitrust matters in connection with technology licensing arrangements, mergers, acquisitions, and corporate compliance issues. In addition, in the telecommunications and electric energy industries, we represent clients before the Texas Public Utility Commission in administrative actions involving competition issues. Representative matters include: - Obtaining dismissal of an action for attempted monopolization brought under Section 2 of the Sherman Act and the Texas antitrust statute against a telecommunications company. On appeal, the Fifth Circuit affirmed the federal district court’s judgment dismissing the antitrust claims.
- Representing a broadband communications silicon chip manufacturer in an antitrust action in federal court brought by a rival manufacturer alleging a tying arrangement under the Sherman Act Section 2 and the Texas antitrust statute, resulting in a favorable settlement.
- Representing a South Texas physician in an antitrust action against a nationwide hospital system, achieving a favorable settlement during trial.
- Defending a hospital and its peer review committee against antitrust claims brought by physicians whose privileges had been summarily suspended. The federal district court entered a judgment for the hospital on all antitrust claims and the Fifth Circuit affirmed.
- Successfully representing an infant formula manufacturer in an antitrust enforcement action brought by the Texas Attorney General and in a companion private class action brought by consumers. Our defense led to a favorable settlement of the enforcement action and won a judgment for the manufacturer from the Supreme Court of Texas in the consumer class action.
- Trying and winning a predatory pricing case involving the tow truck industry to a Texas district court jury in El Paso.
- Defending local veterinarians against price-fixing claims brought by the Texas Attorney General. We tried the case in arbitration to a dismissal of the claims against the veterinarians and a judgment ordering the Attorney General to pay their attorneys’ fees.
- Defending a city-owned utility system in federal district court against claims of monopolization under Section 2 of the Sherman Act, resulting in a judgment in favor of the utility.
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