Antitrust

Our lawyers have been at the forefront of antitrust litigation since the late 1970s, representing and counseling clients on the most difficult antitrust issues under Sections 1 and 2 of the Sherman Act—criminal and civil, Section 7 of the Clayton Act, and the Robinson-Patman Act. Our lawyers have represented clients in antitrust matters in federal district and circuit courts, the Federal Trade Commission, the Department of Justice, the Department of Defense, the European Commission, and other fora. In addition, while on the bench, Judge Holwell wrote notable decisions in cases involving Section 2 monopolization claims, Robinson-Patman claims, and cases involving the intersection of antitrust and patent law.

Representative Matters

• Visa Inc. and Visa U.S.A. Inc. in dozens of antitrust actions brought by some of the largest retailers in the world—including Walmart, Target, The Home Depot, Sears, Amazon, 7-Eleven, and many others—in both state and federal court.
• Valassis, a MacAndrews & Forbes company, as plaintiff in a jury trial against News Corp. and its subsidiaries alleging federal and state antitrust violations, unfair competition, and tortious interference. The case ultimately settled confidentially.
• Comcast Corporation in precedential antitrust class action litigation challenging the structure of the modern cable industry under Sections 1 and 2 of the Sherman Act.
• Raytheon Corporation in securing Department of Justice and Pentagon approval for a $10 billion merger with Hughes Defense Systems & Electronics and a $2 billion acquisition of Texas Instruments Defense Electronics.
• Saudi Refining, Inc, a subsidiary of the Saudi Arabian Oil Company, in securing dismissal of claims against it in national class action litigation challenging a joint venture among SRI, Texaco, and Shell under Sections 1 and 2 of the Sherman Act.
• General Reinsurance as part of a joint defense group of satellite insurance providers against group boycott and unlawful refusal to deal with claims brought by EchoStar Corporation (the Dish Network) relating to insurance of its direct broadcast satellites.
• MacMillan Bloedel in criminal price-fixing cases in the corrugated container industry and in subsequent treble damage class actions.
• The United States Golf Association in a Section 2 suit brought by a private tournament allegedly put out of business by a USGA amateur status ruling.
• A major steel company in a grand jury investigation into price fixing in the titanium industry.
• Holly Sugar Corporation in criminal price-fixing cases in the sugar industry and in subsequent treble damage class actions.
• McDermott Inc. in preliminary injunction and subsequent expedited appellate proceedings on a Section 7 Clayton Act claim relating to its tender offer for control of Wheelabrator-Frye.
• Foodtown Groceries against a Federal Trade Commission federal court challenge to its acquisition of Lowes Supermarkets.
• Texas Air in Civil Aeronautics Board hearings on Texas Air’s tender offer for Continental Airlines.
• Newmont Mining in federal district and circuit courts enjoining on antitrust grounds Anglo American's tender offer for control of Newmont’s major shareholder, Consolidated Goldfields.
• A major manufacturer in a grand jury investigation into price fixing in the aluminum can industry.