A firm with a "[h]ighly analytic and creative approach to developing new arguments" - Chambers USA

Cadwalader's Antitrust team advises clients and serves as counsel in connection with some of the most notable and complex antitrust issues, including the landmark antitrust case, U.S. v. Microsoft. With expertise in the full range of antitrust matters, including areas as diverse as monopolization, price-fixing, tying, group boycotts, exclusive dealing, resale price maintenance, bid-rigging, and price discrimination, our antitrust litigators regularly appear before trial and appellate courts throughout the country, as well as before the U.S. Supreme Court. They have argued complex civil and criminal antitrust cases, including major treble-damage actions, nationwide class actions, consolidated multidistrict litigation, and lawsuits initiated by the U.S. antitrust enforcement agencies and state attorneys general.

In addition to our in-court experience, our leading practitioners frequently are called on to assist clients in avoiding costly litigation or resolving ongoing litigation. Our attorneys focus on formulating practical and creative solutions that are designed to assist our clients in achieving their business objectives, while at the same time minimizing litigation risk. In addition to dispute resolution, our Antitrust team regularly assists clients in developing and administering antitrust compliance programs, including compliance with existing antitrust judgments and decrees.

Experience

• AK Steel Holding Corporation in an antitrust class action litigation alleging an industry-wide conspiracy to restrict the output of steel.
• Anheuser-Busch Companies, Inc. in the dismissal of an antitrust litigation challenge by beer consumers to enjoin and later unwind the merger of Anheuser-Busch and InBev.
• Anheuser-Busch in a jury trial in which the defendant wholesaler brought numerous counterclaims, including a maximum resale price maintenance claim under Section 1 of the Sherman Act.
• Anheuser-Busch in obtaining a dismissal of antitrust and Robinson-Patman Act claims brought by a terminated distributor.
• Anheuser-Busch, Inc. in a favorable resolution of action brought by terminated wholesaler alleging breach of contract, trademark infringement, unfair competition, fraud, and violation of New York's antidilution law.
• Anheuser-Busch, Inc. in a successful defense verdict in a three-month bench trial in which the State of New York challenged as an antitrust violation the adoption of exclusive distribution territories.
• Anheuser-Busch, Inc. in a successful jury trial upholding a distribution contract against an antitrust challenge.
• Anheuser-Busch, Inc. in a successful two-week bench trial against antitrust attempted monopolization claims by Heileman and Miller.
• Bacardi U.S.A., Inc. in the successful dismissal of claims filed in federal court in the Southern District of Florida relating to the lawfulness of Bacardi's decision to terminate certain distribution relationships in particular states. Defended Bacardi and Brown-Forman in a related lawsuit in federal court in the District of Minnesota alleging Bacardi and Brown-Forman engaged in a joint refusal to deal by virtue of the two companies' decisions to terminate certain distribution relationships.
• The Fair Isaac Corporation as lead antitrust counsel in an action in the U.S. District Court for the District of Minnesota against the three national credit bureaus, Equifax, Experian, and Trans Union, and their joint venture VantageScore.
• Financial Security Assurance, Inc. and Financial Security Assurance Holdings, Ltd. in multidistrict class action litigation alleging antitrust violations in the municipal derivatives industry.
• A major financial institution in the dismissal of a purported class action alleging an antitrust violation in connection with auction rate securities, where plaintiffs claim violations of the federal antitrust laws based on an alleged conspiracy to artificially restrain trade in the auction rate securities market.
• First Data Corp. and Concord EFS in antitrust class action proceedings in the Northern District of California alleging that the setting of interchange fess in the Star ATM network violates Section 1 of the Sherman Act.
• Kentucky Speedway in its appeal of the dismissal of its antitrust lawsuit claiming NASCAR and International Speedway Corp. conspired to monopolize and restrain trade in auto racing at the premier racing circuit level.
• MyTriggers.com, Inc. in antitrust counterclaims filed in Ohio state court against Google. MyTriggers is alleging that Google and its partners engaged in an effort to squelch nascent competition from vertical search websites, such as MyTriggers' shopping comparison sites.
• Nestlé in a nationwide class action alleging price-fixing. Obtained summary judgment for Nestlé.
• TradeComet.com LLC in an antitrust action filed in the U.S. District Court for the Southern District of New York against Google, alleging that Google, in an effort to thwart TradeComet.com's subsidiary, SourceTool.com, has blocked search traffic by instituting large price increases.
• US Airways in a federal civil antitrust lawsuit against Sabre Holdings Corp., to halt anticompetitive and anti-consumer practices, including engaging in a pattern of exclusionary conduct to shut out competition, protect its monopoly pricing power, and maintain its technologically-obsolete business model.

We believe that our continued strength lies in ensuring that we attract, retain, and nurture the very best talent from all backgrounds, and we expect the future complexion of Cadwalader, Wickersham & Taft LLP will, with each passing year, more closely reflect the global community that we serve. 

Cadwalader has worked diligently to promote an inclusive work environment and, over the years, has developed many initiatives to fit our unique goals and challenges on issues of diversity and inclusion.  With the creation of the Cadwalader Center for Diversity & Inclusion (CCDI), a central resource for the firm’s diversity programs, initiatives and policies, we aim to improve upon our successes and follow through on our promise to weave diversity and inclusion principles into the fabric of our culture. 

The mission of the CCDI is to enhance gender, racial/ethnic, and LGBT diversity and inclusion within the firm to create an unrivalled environment that attracts, retains and promotes the best and brightest talent available to serve our clients. Governed by the Global Diversity Committee, chaired by Patrick T. Quinn, Managing Partner, the CCDI is a vehicle to support the work we currently perform, to reinforce our dedication to that work, to recognize outstanding effort and to communicate - to each other and to the clients we serve - our longstanding commitment to diversity and inclusion.

Recent Programs & Events

The Cadwalader Center for Diversity and Inclusion hosts programs and events throughout the year that are designed to increase cultural competence, celebrate history and heritage and educate attorneys on how to work effectively on diverse teams.

From Megan’s Law to Bernie Madoff: A Conversation with Judge Chin

- July 23, 2015

The Cadwalader Asian Pacific American Attorney Resource Group hosted a conversation with the Honorable Denny Chin, United States Circuit Judge for the Second Circuit.  During the interactive conversation, Judge Chin discussed his experiences as a federal judge and his path to the bench. Attendees had the opportunity to network and speak with Judge Chin during the cocktail reception that followed.

The Fight for Marriage Equality in the Supreme Court

- June 9, 2015

The Cadwalader LGBT Network and the Gay & Lesbian Advocates & Defenders (GLAD) hosted a Pride Month event, The Fight for Marriage Equality in the Supreme Court, featuring Mary Bonauto, GLAD’s Civil Rights Project Director and Janson Wu, GLAD’s Executive Director. During the presentation Mary discussed her experience arguing before the U.S. Supreme Court for marriage equality and Janson discussed the future of the LGBT rights movement.

Justice Denied: Wards Cove Packing Co. v. Atonio

- May 12, 2015

Members of the Asian American Bar Association of New York, including Cadwalader attorneys and the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit presented a case reenactment of Wards Cove Packing Co. v. Atonio, a landmark employment discrimination case. The presentation told the story of the Wards Cove workers through narration, reenactment of court proceedings, and historic photographs. To view the performance, click here.

The Partner Track

- May 5, 2015

The Cadwalader Asian Pacific American Attorney Resource Group and the Women’s Leadership Initiative co-hosted a panel discussion with Cadwalader Partners, Ingrid Bagby, Kathy Chin and Athena Eastwood, focusing on their career experiences and paths to partnership. The panel was moderated by Helen Wan, author of The Partner Track, a fictional story about a young Asian-American corporate associate up for partner at her New York law firm.

“From Selma to Ferguson to Today: Why Civil Rights Matter,” featuring Professor Charles Ogletree, Harvard Law School

- April 29, 2015

The Cadwalader Black and Latino Association hosted a conversation with Charles Ogletree, Harvard Law School Jesse Climenko Professor of Law, and Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice.  The conversation was followed by a cocktail reception where attorneys had the opportunity to network  and speak with Professor Ogletree.

The Art of Building Business Relationships and Executive Presence

- March 25, 2015

The Women’s Leadership Initiative and Diane Darling, Founder of the Darling Institute, hosted a workshop on building business relationships and executive presence.  This interactive presentation explored how professionals at all stages of their career can integrate networking and relationship-building into their everyday lives. 

WLI London Client Event: “Walking the Nile” by Levison Wood

– March 12, 2015

The Women’s Leadership Initiative hosted a special evening at our London office with Levison Wood, explorer, writer, and photographer. Formerly an officer in the British Parachute Regiment, Wood has led pioneering journeys into undiscovered regions, travelling to more than 80 countries. His nine-month walk along the length of the Nile, from source to sea, is chronicled in a recent Channel 4 documentary. During the presentation Wood described the amazing people, breathtaking places and shocking sights he encountered on his ground-breaking expedition.