Client Services / Antitrust & Competition / Antitrust & Competition Experience

Antitrust & Competition Experience

GENERAL ANTITRUST COUNSELING

  • Counsel to an U.S. defense company on teaming agreements with UK and French defense companies

  • Counsel to a Japanese company on a worldwide technology license with a UK manufacturer

  • Counsel to on antitrust issues surrounding a HR outsourcing joint venture

  • Routinely counsel hospitals and physicians on the formation of provider networks

  • Counsel to a Japanese electronics company on the formation of a consumer electronics patent pool

  • Counsel to a Canadian company on technology licensing related to the outsourcing of billing software

  • Counsel to on various licensing issues for the semiconductor, explosives and chemicals industries

  • Counsel on minimizing antitrust concerns related to the formation and operation of online B2B exchanges for the metals, aerospace, and building and construction industries

DISTRIBUTOR-DEALER RELATIONSHIPS COUNSELING AND LITIGATION

  • Representation of a large beverage supplier in a class action litigation brought by its terminated distributors

  • Successfully defending a supplier against a distributor's damages claim of $200 million arising out of its assertion that its exclusive distribution rights in Canada were wrongfully terminated

  • Advice to a joint venture client regarding the restructuring of its nationwide distribution system in the magazine publishing industry

  • Advice to a high-security lock company in a total modification of its distribution system, winnowing sixty distributors down to two with multi-state dealer terminations

  • Representation of a solid surface laminate distributor seeking to recover $100 million following the termination of its distributorship and successfully defeating an injunction trying to prevent our client's continued distribution from its inventory

  • Counsel to a manufacturer of composite, bonding and tooling materials in the aerospace, automotive and recreational industries in connection with the possible termination of one of its distributors

  • Securing a favorable settlement for an Israeli distributor of medical products threatened with the termination of its distribution rights

  • Securing favorable settlements for winery clients in disputes with their terminated distributors

  • Counsel to national U.S. alcohol and non-alcohol beverage companies in connection with distribution and antitrust advice

GOVERNMENT INVESTIGATIONS

  • Representation of U.S.'s largest music retailer in federal multi-district litigation instituted by 42 state attorneys general and private class action plaintiffs alleging price-fixing in the sale of music CDs

  • Representation of clients in FTC matters including actions in which the FTC seeks to obtain asset freeze orders under its 13(b) powers and opposing injunctions in FTC 13(b) cases

  • Defense of clients in an investigation of potential price fixing in the cement industry

  • Defense of clients in investigations of bid rigging allegations in the defense industry

  • Defense of clients in investigations of price fixing in the potash and molybdenum industries

  • Defense of clients in investigations of market allocation in the lithium industry

  • Assistance to a third party in encouraging the DOJ to pursue an investigation of a merger in the online music industry

  • Assistance to a client in seeking an investigation of a merger in the door industry

  • Assistance to a third party in a DOJ investigation of price fixing in the explosives industry

  • Assistance to a client in encouraging the DOJ to pursue a monopolization claim in the tow truck industry

HEALTH INDUSTRY

  • Defense of Catholic health care system in federal district court suit brought by competing community hospital alleging monopolization, tying and other antitrust violations

  • Defense of physician group in jury trial in federal district court in suit brought by competing group challenging joint venture arrangement with sole community hospital

  • Defense of hospital clients in state and federal court antitrust cases (including one patient class action) challenging exclusive contracts with anesthesiologists, radiologists

  • Advice to provider and health plan clients regarding antitrust issues associated with managed care contracting

  • Advice to a major medical device manufacturer regarding full range of antitrust issues, including distribution, pricing and transactions

  • Advice to provider clients regarding antitrust issues regarding affiliations and joint ventures, including specialty hospitals, outpatient facilities and provider networks

INTERNATIONAL

  • Representation of a major U.S. defense companies in opposing Boeing-McDonnell Douglas merger before European Commission

  • Representation of a major chemical company in a asserting competition defenses in international arbitration proceedings

  • Representation of an industrial products manufactory with respect to EC cartel investigation

  • Representation of an aerospace company in opposing major transaction in satellite industry

  • Representation of an aerospace company in opposing major transaction in avionics industry

INTERNATIONAL COUNSELING

  • Counsel to a trade association of the U.S.'s largest magazine distributors regarding the possible establishment of a joint venture among members to consolidate "back room" operations, resulting in potential savings of tens of millions of dollars.

  • Advice on the acquisition of a telecommunications company with operations throughout the world

  • Assistance in the creation of a consumer electronics patent pool including participating in the preparation of the Form A/B filing

  • Advice to a restaurant chain on franchise issues under the new EC Block Exemption for Vertical Restraints and the Franchising Block Exemption

  • Advice to a defense industry company on EC agency agreements

  • Counsel on the applicability of Articles 81 and 82 to B2B exchanges considered by clients in several industries

  • Counsel to chemical industry company concerning European distribution issues

  • Counsel to numerous trade associations regarding EC competition law treatment of trade associations

  • Counsel to an energy company regarding various licensing issues under EC competition law

  • Counsel to a metal products company regarding distribution issues under Articles 81 and 82

  • Advice to an aerospace company on resale pricing and distribution issues under Article 81

  • Advice on aerospace companies' production joint venture under the EC Merger Regulations

  • Advice to an engineering company on technology licensing issues under the Technology Transfer Block Exemption.

INTERNATIONAL MERGERS AND ACQUISITIONS

  • Preparation of notifications and providing substantive representation for various transactions in the mining industry

  • Management of world-wide notification and review for an acquisition in the packaging industry

  • Management of world -wide notifications for a merger creating world's largest private energy provider, leading specialty chemicals manufacturer, and leading European logistics company

  • Management of notification and review in North and South America and Eastern Europe for creation of world's leading specialty chemicals manufacturer

  • Management of world-wide notification and review for an acquisition of a satellite telecommunications company

  • Management of world-wide notification and review for acquisition in the biotechnology area

  • Representation of a client in the notification process for the sale of a document imaging business

  • Management of world-wide notification and review for several defense industry transactions

  • Opposition of numerous mergers in the aerospace industry

IP/ANTITRUST ISSUES

  • Won dismissal of antitrust claims alleging that large medical device manufacturer "pooled" and "shelved" patented technology related to spinal implants. Medtronic Sofamor Danek, Inc. v. Gary Karlin Michelson, No. 01-2373-GV (W.D. Tenn. 2002)

  • Won dismissal of monopolization counterclaim alleging that patent holder knew its patents were invalid at the time plaintiff filed its infringement suit. Silicon Image v. Genesis Microchip, Inc. Civil No. 3:01cv266 (E.D. Va. 2002

  • Representation of harmed customer in convincing the FTC to force the divestiture of intellectual property illegally acquired by the dominant supplier of advanced computer-aided engineering software known as Nastran. In re MSC.Software Corp., Docket No. 9299, 67 Fed. Reg. 53942-45 (Aug. 20, 2002)

  • Successful defense of merger by the largest alcohol beverage competitor which resulted in the splitting of the "Seagram" trademark between it and a competitor. Diageo plc/Seagram

  • Representation of harmed competitor in convincing the DOJ to force the leading supplier of towtrucks and car carriers to license illegally acquired patents. United States v. Miller Industries, Inc., No. CV-00-0305 (D.D.C. Feb. 23, 2000) (Consent Order)

  • Prosecution of monopolization and malicious prosecution claim against manufacturer of reverse osmosis membranes which had sued to enforce a patent it knew was owned by the Government; McDermott, Will & Emery has won several precedent setting victories in prosecuting the monopolization and malicious prosecution claims. Hydranautics v. FilmTec, 70 F.3d 533 (9th Cir. 1995) (reversing motion to dismiss); Hydranautics v. FilmTec, No. 93-CV-0476 (S.D. Cal. Sept. 3, 2002) (granting partial summary judgment).

  • Obtainment of favorable settlement for generic drug manufacturer which had sued branded drug manufacturer alleging that thirteen patents were obtained by fraud and that branded manufacturer monopolized the market for asthma medicine. IVAX Corp. v. 3M (S.D. Fla.)

LITIGATION

  • Defense of civil price fixing lawsuits in the potash, molybdenum and graphite electrodes industries

  • Price fixing defenses include Matsushita Electric Industrial Co. v. Zenith Radio Corp. which is a leading Supreme Court case finding that where the plaintiff's price fixing case makes no economic sense, the plaintiff must bring forth additional evidence to support is claim

  • Defense of bid rigging investigations in the defense industry

  • Prosecution of monopolization claims based on fraudulently obtained patents on behalf of clients in the pharmaceutical and industrial supply industry

  • Regularly handle dealer termination litigation in the alcohol industry

  • Defense of court challenges to transactions, including Baker Hughes/Oy Tampella, which is the leading case on the "entry" defense in merger cases; other cases include the Midcon and R. Donnely transactions

  • Other Supreme Court cases include American Soc. of Mechanical Engineers, Inc. v. Hydrolevel Corp. which is a leading case on the applicability of the antitrust laws to nonprofit organizations

  • Defense against claims of monopolization and group boycott in the auto racing industry

  • Prosecution of tying claims in the avionics industry

  • Defense of group boycott claims against HMOs in the healthcare industry

  • Defense of monopolization and conspiracy to monopolize lawsuit in retail grocery store market

  • Defense of claims of unlawful exclusion from a trade association
  • Lead counsel defending over twenty class action lawsuits alleging price-fixing by the United States' largest magazine publishers and their national trade association

MERGERS & ACQUISITIONS

  • Merger of two of the largest U. S. defense companies

  • Acquisition of major lighting technology company by a science products company

  • Acquisition of a major satellite telecommunications company by the largest U.S. defense company

  • Merger of two of the largest private energy service providers

  • Merger of two of the world's leading specialty chemicals group

  • Acquisition of major distilled spirits business by the world's largest spirits company

  • Acquisition of a major explosives industry company

  • Acquisition of a major airport security scanners company

  • Acquisition of a major speech software firm by one of its leading rivals

  • Joint venture of the two largest companies in the phosphorous industry

  • Successful opposition to various acquisitions in the aerospace industry

  • Successful opposition to merger of back-office software companies

  • Joint acquisition and division of assets of a health insurance plan by two other plans in the same market

Antitrust & Competition Client Services

McDermott Will & Emery

McDermott Will and Emery