The stakes in antitrust litigation are high. Because of the potential for treble damages and joint liability, antitrust and competition matters present great financial risks. Antitrust cases also can go to the heart of companies’ most important business practices and affect how their prices, profits and key competitive business strategies will—or will not—operate in the marketplace. Competition litigation is often substantial in scope and complexity and plays out in multiple arenas. When faced with the necessity of competition litigation, our clients turn to Thompson Hine because our antitrust litigation lawyers combine deep substantive knowledge of antitrust and competition laws with an experience-won understanding of trial processes and procedures required to best represent our clients’ long-term interests.
Our antitrust lawyers litigate. We have deep experience in litigation involving antitrust and competition issues. Our trial lawyers have handled a wide range of antitrust matters: dealer terminations, price fixing and monopolization cases, Robinson-Patman claims, challenges to exclusive arrangements, tying and bundling complaints, multidistrict class actions and preliminary injunctions in merger cases. We are also experienced in dealing with nuances and the changing nature of how the law treats the interaction of intellectual property and antitrust, such as handling claims brought in patent cases, including Walker Process counterclaims. We have litigated claims brought under the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Lanham Act, California’s Cartwright Act, Ohio’s Valentine Act, New York’s Donnelly Act and a host of other state antitrust and unfair competition laws.
We know how to navigate the complex procedural and multijurisdictional issues that often arise with antitrust claims. We handle proceedings before the Judicial Panel on Multidistrict Litigation, class certification and Class Action Fairness Act consolidation, coordination of private actions and government enforcement proceedings and third-party practice. We understand how antitrust matters often take place simultaneously in multiple fora and can involve numerous parties. We deal fairly and forthrightly with joint defense or prosecution counsel. We are experienced in representing clients in government investigations, regulatory proceedings and agency litigation concerning both competition law and consumer protection issues and dealing with resulting private actions. We understand how to cooperate with or litigate against the Antitrust Division of the Department of Justice, the Federal Trade Commission (FTC), and state attorneys general and other state agencies. We also have the experience necessary to take complex cases to trial, and we make sure our cases are well positioned to be tried.
Economic evidence and theory have become key components in competition cases. We work extensively with expert witnesses, particularly economists. We are experienced in bringing and defending Daubert challenges and are focused on the increasing importance of economic models to defeat or support class certification. We are not generalists who have worked occasionally on antitrust claims, but antitrust professionals with deep knowledge and experience capable of handling any and all types of antitrust litigation.
We also recognize that litigation often is not a “win at all costs” proposition, but must be assessed within the context of business objectives and budgets. Using SmartPaTH™, Thompson Hine’s highly innovative legal project management system, we budget and staff matters at appropriate levels and decide how best to use our in-house technology, external technology providers and contract lawyers to help manage the costs of litigation. We also work with you to select a litigation strategy that best positions the case for resolution – either on the merits or by settlement.
We also have seen how businesses can be harmed by anticompetitive conduct and we represent them as plaintiffs, opt-outs, or simply in claim recovery administration, to help them obtain recovery of their overpayments. Often by opting out of class actions and pursuing their own direct claims, our clients are able to achieve significantly better and faster results than they would otherwise receive by remaining class members.
Listed below are representative antitrust matters in which our partners have participated.
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