Our attorneys have successfully represented clients in a wide range of industries, including athletics, pharmaceuticals, chemicals, health care, food and beverage, construction, retail and manufacturing, agriculture, and trade and professional organizations. Representative experience includes:

• Successfully defended a national association of high school sports and a national association of collegiate sports against an antitrust claim by a baseball bat manufacturer, alleging that rules governing Bat-Ball Coefficient of Restitution restrained trade in the non-wood bat market. The United States Court of Appeals for the Fifth Circuit unanimously affirmed the dismissal of the antitrust claims, reaffirming our client’s role in setting rules for high school competition.
• In two separate matters, defended major athletic conferences in antitrust class actions filed against a national collegiate sports association and other major athletic conferences, alleging that the association’s rules limiting compensation for student-athletes violated the Sherman Act.
• Successfully defended two athletic conferences in a class action filed alleging antitrust and intellectual property claims against TV broadcasters and certain Division I college athletic conferences.
• Successfully defended a client in a “product-hopping” antitrust claim on behalf of a branded pharmaceutical company on a motion for summary judgment, which was the first defense-side product-hopping victory at this level of litigation.
• Successfully defended class action by nurses, alleging that an association of hospitals and individual hospitals conspired to fix nurses’ salaries in violation of federal and state antitrust laws.
• Successfully defended government merger investigations and litigation, including as lead counsel for the acquiring hospital system in the Washington AG’s lawsuit seeking to enjoin and unwind two completed physician practice acquisitions (summary judgment for defendants on one acquisition; case settled with no physician divestitures).
• Successful representation of a hospital as trial witness for the FTC in its successful challenge to a physician practice acquisition (acquisition enjoined on the FTC’s motion).
• Successfully defended multiple pharmaceutical companies in FTC investigations, including allegations of anticompetitive acquisitions, conduct aimed at preserving branded pharmaceutical market position against generics, and excessive pricing.
• Successfully defended a client in a DOJ antitrust investigation involving alleged price signaling; investigation closed without action.
• Secured clearance for numerous significant acquisitions of hospitals and physician groups by in-market competitors.
• Secured clearance for a significant divestiture transaction in the beer industry following a DOJ Second Request and an investigation into the proposed divestiture.
• Secured clearance for complex intellectual property licensing transactions on behalf of a global pharmaceutical company.
• Successful representation of a client involving allegations of no-poach agreements within the context of a significant acquisition.
• Successful strategic and legal counseling for clients ranging from emerging entities to Fortune 500 corporations on key distribution, group purchasing, pricing, price discrimination and resale price maintenance issues.
• Ongoing representation as outside antitrust counsel to prominent and prestige retailers.
• Ongoing representation as outside antitrust counsel to numerous trade and professional organizations.