Walter | Haverfield, LLP

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Antitrust and Unfair Trade Practices

In recent years, the government and private entities have increasingly litigated civil and criminal cases under federal and state antitrust laws. With the potential for triple damages, multi-million dollar fines, and possible incarceration, the specter of an antitrust investigation or lawsuit must be taken seriously.

Walter | Haverfield's antitrust attorneys have tackled these challenges head-on for decades, and can draw on that wealth of experience to help you implement a proper response to a demand letter, subpoena, civil investigative demand, or lawsuit. In addition, our antitrust attorneys are experienced in analyzing and opining on numerous antitrust issues that can arise in a variety of business settings.

With the potential for triple damages, multi-million dollar fines, and possible incarceration, the specter of an antitrust investigation or lawsuit must be taken seriously.

Recent accomplishments of our antitrust attorneys include:

  • Defending to jury trial a criminal antitrust matter involving charges of price fixing and market allocation by scrap metal suppliers in violation of Section 1 of the Sherman Act.
  • Representing a manufacturer of metal wood golf clubs in antitrust claims against a major competing manufacturer and obtaining a favorable settlement for the client without litigation.
  • Defending a price discrimination claim brought against a major manufacturer of telecommunications equipment by one of its local distributors.
  • Evaluating the antitrust implications of a proposed contract between two competing suppliers of health care products.
  • Coordinating the response of target and non-target individuals and companies to grand jury subpoenas issued by the Antitrust Division of the US Department of Justice.

Unfair competition law presents a parallel set of challenges that our litigators are equally well-equipped to help you surmount. Whether it is the enforcement or defense of a covenant not to compete, protection of your trademarks and other intellectual property rights, or the most sophisticated of trade secret claims, the members of our unfair competition group stand ready to assist you in ensuring a level playing field between competitors.

Significant accomplishments of this group include:

  • Prevented former employee of high-tech client from maintaining position with competitor in violation of non-competition agreement.
  • Litigated and successfully negotiated resolution of various business tort claims relative to employee non-compete covenants brought by bankrupt health care services company against competitor.
  • Obtained temporary restraining order and injunction against former employee pursuant to noncompete agreement.
  • Drafted noncompetition and confidentiality agreements for clients.
  • Pursued Lanham Act claims on behalf of clients whose intellectual property rights were being infringed by competitors passing off counterfeit goods.

When it's time to decide on counsel to help you evaluate your antitrust concerns or police the marketplace, you can be confident that the attorneys in our Antitrust and Unfair Competition Group have the knowledge and experience to help you achieve a favorable and cost-effective solution.

Recent Cases

  • Enforced a non-competition agreement on behalf of a national ink manufacturer against a former sales representative who had accepted employment with a competitor.
  • Drafted non-competition and confidentiality agreements for clients with highly-paid managerial employees and commissioned sales people.
  • Defended welding equipment supply company in Lanham Act unfair trade practice action in federal court.
  • Represented holder of trade-name and trademark in dispute under the Lanham Act.
  • Obtained favorable resolution for employee whose employer sought and obtained Temporary Restraining Order pursuant to a non-compete agreement.
  • Defended and resolved claims of trademark by infringement for an international distributor of welding equipment and supplies.

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