Antitrust

 

• Design and implementation of a written antitrust compliance program to educate the entire organization regarding antitrust issue avoidance (by including a manual with a detailed description of antitrust laws and their purpose, and possible situations violating such laws) through spotting potential risks, encouraging the reporting of anticompetitive issues and deterring risky conduct, including regular monitoring and audits to verify compliance, strong sanctions for non-compliance by employees and strategies to neutralize possible retaliatory actions by employees terminated for non-compliance.

 

• Experience with antitrust litigation alleging termination for minimum pricing (reducing prices below those mandated by the franchisor) and tying restraints (conditioning sales of franchise merchandise upon the purchase of other unnecessary, inferior or purposefully high-priced products).

 

• Experience with pharmaceutical antitrust litigation involving reverse-payment issues.

 

• Experience with Hart-Scott-Rodino filings, agency follow-up inquiries, second requests and merger investigations.

 

• Experience with a hospital system seeking state action antitrust law immunity for a proposed merger.

 

• Experience with a pharmaceutical company in an action by a state attorney general alleging international price fixing.

 

• Experience with a pharmaceutical company in multiple class actions and actions alleging violations of state antitrust and consumer protection laws.

 

• Experience with antitrust litigation alleging horizontal agreements to undervalue insurance claims.

 

• Experience with a multi-district antitrust litigation involving allegations of collusion by insurers to cap rates, reimbursements at artificially low levels and boycotting competitors.

 

• Experience with a pharmaceutical company in a multi-defendant antitrust litigation alleging price-fixing, and an associated price discrimination multi-district class action litigation with related consumer class actions.

 

• Experience with multi-district antitrust class action litigation alleging price-fixing of fuel surcharges.

 

• Experience with a Federal Trade Commission (FTC) preliminary injunction action seeking to enjoin major acquisition and administrative trials involving alleged predatory pricing, monopolization, price discrimination and merger issues.

 

• Experience with Sherman Antitrust Act Section 1 multi-defendant antitrust litigation alleging group boycott, monopolization, price discrimination and violations of state law.

 

• Experience with an FTC investigation of a completed hospital merger.

 

• Experience with antitrust litigation involving modification or termination of various antitrust consent decrees.

 

• Experience on a brief regarding the anticompetitive effects of a proposed international merger.

 

• Experience with antitrust litigation involving alleged illegal tying claims.

 

• Experience with antitrust litigation alleging monopolization of shipping lanes within the United States for internationally-imported products.

 

• Experience with antitrust litigation alleging conspiracy and monopolization by a hospital chain.

 

• Experience with antitrust litigation alleging market allocation and monopolization by a casino company.

 

• Consultant on major pharmaceutical product liability and mass tort litigations, and antitrust litigation involving labor and employment issues, such as the termination of employment relationships involving key executives.

 

• Consultant to a Fortune 100 company for pharmaceutical product liability class action, reverse-payment antitrust action and mass tort liability action.

 

• Consultant to a Fortune 500 company for energy-related (electricity and natural gas supply and distribution) antitrust class actions.

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    Last updated 200609_2133