Antitrust

The Antitrust practice of Polsinelli Shughart PC is known coast to coast. We have advised clients in antitrust business strategy in many industries and various transactions during the past 40 years. We also have represented clients in well over 100 lawsuits.

Our attorneys will go the distance with you. Our antitrust lawyers have handled cases from initial investigations to final decisions from the U.S. Supreme Court.

Polsinelli Shughart approaches antitrust investigations as a strategic partner. We have represented clients during Department of Justice, Federal Trade Commission and State government investigations in health care, entertainment, telecommunications, transportation, manufacturing and more. No matter what may have brought you to our firm, our dedicated antitrust consulting and litigation services are just another reason to choose us. Our services include:

  • Business consultation and advice, including antitrust compliance and document retention programs
  • Preparation and defense of governmental inquiries and investigation, including both civil and criminal inquiries, representation of third-party witnesses and of complaining parties to governmental agencies
  • Trial of antitrust suits, including jury or judge-tried cases, civil cases representing both plaintiffs and defendants, and cases brought by the government

Notable Experience

  • Obtained largest settlement in the Midwest in Sherman Act Section 1 and Section 2 price fixing case brought by States of Missouri and Kansas against natural gas producers and pipeline companies
  • Obtained summary judgment on Sherman Act Section 1 and Section 2 antitrust claim brought against City of Kansas City, Missouri by excluded ambulance companies complaining about the City's creation of a single-provider EMS system in order to improve response times and costs
  • Verdict returned for all defendants, Regional Emergency Medical Services Authority, et al., in a four-week antitrust jury trial in Federal District Court, Reno, Nevada. The case was brought by a private helicopter ambulance company against the two primary hospitals in Reno and their joint venture helicopter ambulance company under the Sherman Act Sections 1 and 2. Obtained similar results in antitrust cases in Tulsa, Oklahoma and Fort Worth, Texas
  • Represented a regional hospital in an antitrust claim relating to the revocation of a physician's privileges. Antitrust claim was resolved by Summary Judgment and upheld on appeal
  • Obtained eight-figure jury verdict, affirmed on appeal, in antitrust action against cable television company for anticompetitive and monopolistic practices that put our client out of business
  • Defense of claims brought by company and individual asserting restraint of trade and monopolization in the health care supply and capitalization markets. Successfully defended in trial and appellate courts with all claims dismissed
  • Obtained summary judgment on antitrust claim brought against sports licensor by maker of Louisville Slugger baseball bats
  • Represented defendants against claims by a group of franchisees in a tire and automotive products franchise system arising out of allegations that the defendants engaged in a conspiracy to violate antitrust laws and common law theories of relief. As part of the claims the plaintiffs sought a preliminary injunction to enjoin the defendants from offering franchises in certain areas. The federal district court denied the injunction and the plaintiffs thereafter agreed to settle by renewing their franchise agreements with the defendant franchisor
  • Obtained summary judgment in favor of manufacturer of garage doors in Robinson-Patman action alleging price discrimination
  • Obtained jury verdict in favor of client whose business was injured as a result of unlawful price discrimination on the part of automobile parts supplier
  • Represented a large steel manufacturer in a Robinson-Patman Act antitrust case in which a distributor alleged price discrimination in the sale of wide flange steel beams and other theories of relief. The court granted the manufacturer's motion to compel arbitration, which was opposed by the distributor. After a two-week arbitration before a three-member panel, the arbitrators issued an award in favor of client. The award was affirmed by the District Court and the judgment was affirmed on all aspects of the claims
  • Currently represent and consult with clients in health care and other business sectors on a wide variety of antitrust and regulatory issues including FTC and DOJ investigations into potential antitrust violation
  • Defense of employees for forest/paper products manufacturers in serial investigations brought by the Department of Justice