Antitrust

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Representative Matters

  • Lead trial counsel for BP America, Inc. in a ten-week antitrust jury trial in Los Angeles. The case involved allegations of horizontal allocations of markets, price fixing and monopolization. The jury acquitted all defendants on one count and hung on a second count. A favorable settlement ensued as a result of the fact the jury had voted 7 to 1 for the defendants on the hung count.

  • Defense of antitrust claims alleging price fixing in the linerboard and corrugated container industry.

  • Defended a South Dakota hospital and its home healthcare service from antitrust conspiracy charges.

  • Defense of antitrust claims alleging price fixing and market allocation. Obtained summary judgment on all claims and successfully defended judgment on appeal to the Ninth Circuit Court of Appeals.

  • Defended hospitals and other health care entities in federal challenges to mergers in California and Missouri, and represented a nonprofit hospital group as amicus in appeal regarding Michigan merger.

  • Lead counsel for Burlington Northern Santa Fe Railway in an antitrust case in San Francisco. The case involved allegations of tying, violations of the essential facilities doctrine, attempted monopolization, vertical foreclosure, coerced reciprocity and price fixing, resulting in a summary judgment in BNSF’s favor on all counts, which was affirmed in the Ninth Circuit.

  • Liaison Counsel for plaintiff class in Plasma-Derivatives Protein Therapies Antitrust Litigation.

  • Counsel for plaintiff resident physicians in nationwide Sherman Act Section 1 case challenging price fixing with regard to medical residents’ salaries.

  • Successfully defended a manufacturer of high performance automobile parts in an antitrust action where a magistrate judge had already recommended a summary judgment ruling on liability against the manufacturer.

  • Successfully defended seller of business in injunction proceedings brought to enjoin sale based on purported antitrust concerns.