Schnader has a rich tradition, dating back to the earliest days of the Firm, of providing sophisticated litigation and counseling to its clients in the area of Antitrust and Trade Regulation. We deal with the complete spectrum of antitrust issues for clients ranging from small privately held companies to Fortune 10 corporations. Our attorneys are also diverse: in addition to experience in private practice, we have experience in-house with major international corporations and in government service.
Leadership in Litigation
Historically, we have taken the lead in such seminal cases as Brunswick Corp. v. Pueblo Bowl-O-Mat (announcing the principle that a private antitrust plaintiff seeking damages must prove injury of the type the antitrust laws were intended to prevent), the Civil Antitrust Actions Involving Antibiotic Drugs, the Electrical Equipment Antitrust Litigation, and the Airport Car Rental Antitrust Litigation.
We were also recently counsel for a major book publisher defendant in an industry-wide Robinson-Patman Act case involving claims of price and promotional allowance discrimination.
An Integrated Approach
We know how to conduct the extensive factual investigations that have become the hallmark of modern antitrust litigation. We have the technology to manage the large quantities of documents and data that frequently arise out of antitrust and trade regulatory matters. We also have the knowledge to collect, organize and analyze the data necessary to resolve antitrust cases, and have worked successfully with numerous expert economists, accountants and other consultants to do so. In every case, we are flexible and sensitive to client concerns and objectives.
Antitrust Counseling
Schnader attorneys combine their extensive antitrust experience with a pragmatic approach in an effort to achieve the client's goals while avoiding or minimizing the risk of expensive litigation. We provide counseling on a broad spectrum of business matters including:
- mergers and acquisitions
- joint ventures
- licensing
- distribution arrangements
- trade associations and standards development issues
- Robinson-Patman Act issues
- joint buying arrangements
- Business-to-business exchanges
Our attorneys regularly counsel on issues arising under all of the principal trade laws including:
- The Sherman Act
- The Clayton Act
- The Robinson-Patman Act
- The Federal Trade Commission Act
- The Hart-Scott-Rodino Act
We also provide guidance under state antitrust, consumer protection and unfair competition laws.
Representation Before Regulatory Authorities
In addition to private antitrust matters, Schnader attorneys represent clients in dealings with government competition authorities in the United States and internationally. In the United States, we regularly deal with the Antitrust Division of the Department of Justice and the Federal Trade Commission. Internationally, Schnader attorneys have represented clients in investigations by the Competition Directorate of the European Union, as well as national competition authorities of a number of European and South American countries, and the Japan Fair Trade Commission.
Representative Litigation Matters
Recent antitrust litigation in which we have been involved includes:
- Counsel for a national retail drugstore chain defendant in claims alleging violations of the "brokerage" provisions of Section 2(c) of the Robinson-Patman Act.
- Counsel for a defendant in case under Section 1 of the Sherman Act alleging that the implementation of a restricted health care provider network unlawfully foreclosed certain providers from the market.
- Counsel for major tobacco companies in Cigarette Vending Machine Antitrust Class Action. The case settled on very favorable terms involving inconsequential injunctive relief and payment of limited attorneys' fees.
- Counsel for an airline trade association in a putative antitrust class action in which antitrust claims brought by Latin American travel agencies in connection with reduction in commissions were dismissed by the district court.
- Trial counsel for waste industry defendants in a patent related antitrust action.
- Counsel for a major rental car company in a class action by persons who rented cars at Denver International Airport for alleged price fixing under the Sherman Act.
- Counsel for a major shipping company defending allegations of monopolization under the Sherman Act.
- Defense of a major telecommunications company in a state law antitrust and breach of contract suit seeking in excess of $100 million in damages.
- Counsel for a plaintiff in an action against a manufacturer for alleged monopolization and attempted monopolization of the market for coaxial cable.
- Counsel for a large life insurance company in a Sherman Act suit by a former agent alleging that termination was a result of a conspiracy.
- Counsel for an amphitheater owner defending against Sherman Act claims by a concert promotion company.
Representative Counseling Clients
Our clients represent a broad cross-section of U.S. commerce, including companies engaged in:
- manufacturing
- retail
- insurance
- technology
- health care
- telecommunications
- services
- publishing
- entertainment
- transportation