Schnader has a rich tradition 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 companies operating in numerous different industries, ranging from small privately held businesses to Fortune 50 corporations. Our attorneys are also diverse: in addition to their experience in private practice – occasionally representing plaintiffs as well as defendants, which gives us a special perspective – a number of our lawyers also have experience in-house with major national and international corporations and in government service. Additionally, we regularly draw on the insights of former judges and law clerks as to the courts’ views on antitrust matters.
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, the Broadcast Network Antitrust Cases, and the Airport Car Rental Antitrust Litigation.
More recently, we have represented a metropolitan hospital alleged to have colluded with an insurance carrier to drive a competitor out of business and to have conspired and attempted to monopolize the market; a foreign airline in a nationwide class action brought by U.S. travel agents alleging that the major airlines had conspired to reduce their commissions; and a major book publisher in industry-wide litigation under the Robinson-Patman Act and California state law alleging price and promotional allowance discrimination.
An Integrated Approach
Schnader’s litigators have a well-deserved reputation of knowing the court, administrative agency, and arbitration systems, rules, and protocols and how to use them to our clients’ advantage. This is particularly important in complex areas such as antitrust law. We have the experience needed to conduct the extensive factual investigations and analyses 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. Indeed, we have become a leader in the use and defense of predictive coding, one of the major analytic tools being used to streamline and reduce the cost of discovery. We also have the skills required to organize and analyze data effectively, and have worked successfully with numerous expert economists, accountants, and other consultants to do so.
We have a stable of talented trial lawyers to present the results of our case preparation effectively in court. Our firm includes lawyers with experience in a wide variety of substantive areas of law that might intersect with antitrust law in a particular case as well as knowledge of many different industries. We also have lawyers who have successfully litigated not just antitrust issues and cases but virtually every procedural issue that might arise in those cases, including pleading standards, the propriety of a class action, use of multidistrict proceedings, attorney and judicial disqualification, injunctions, privilege, expert evidence, and attorneys’ fees. Members of our Appellate Practice Group often assist in briefing and arguing these matters as well as in presenting complicated issues to trial courts, and are also available to assist in developing the best record, preserving all significant points for possible appeal, and positioning critical issues for early determination in both the trial court and on appeal. We draw on these extensive resources as appropriate when staffing a particular matter, at the same time maintaining our longstanding tradition of taking care to keep the team lean. We are tough and innovative in our litigation strategies and devoted to achieving good results quickly. In every case, we are flexible and sensitive to client concerns and objectives.
Schnader attorneys combine their extensive antitrust experience with a pragmatic approach in counseling in an effort to achieve each client’s goals while avoiding or minimizing the risk of expensive litigation. We provide advice on a broad spectrum of competition and business matters, including:
- Distribution arrangements
- Promotional programs
- Product, customer, and geographic allocations
- Bundling and tying
- Exclusive dealing
- Business-to-business exchanges
- Joint buying arrangements
- Joint ventures
- Mergers and acquisitions
- Trade associations and standards development
Our attorneys regularly counsel on issues arising under all of the principal trade laws. 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 litigation, administrative proceedings, and other dealings with state and federal government competition authorities in the United States. At the federal level, we regularly deal with the Antitrust Division of the Department of Justice and the Federal Trade Commission. We also have contacts with various state regulators and are able to consult and assist with international competition matters through our networks and attorney contacts in other countries.
Representative Litigation Matters
Other recent or major antitrust litigation representations include:
- Counsel for a large insurance company in a case brought 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 several linerboard manufacturers in a nationwide class action alleging price fixing.
- Counsel for a national waste management company in a patent-related antitrust action brought by a new market entrant alleging violations of the Sherman Act and the Lanham Act.
- Counsel for a movie theater chain alleged to have prevented a competitor from entering the market in violation of Section 2 of the Sherman Act.
- Counsel for a software developer sued by a licensee claiming violations of the Sherman Act and California antitrust and unfair business practices laws as well as copyright laws.
- Counsel for a major shipping company defending allegations of monopolization under the Sherman Act.
- Counsel for one of several engineered wood product manufacturers named in an antitrust conspiracy class action.
- Counsel for a large real estate developer regarding litigation over the potential development of a competitor retail outlet.
- Counsel for 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 major chemical manufacturer accused of participating in a conspiracy to fix prices and allocate market shares regarding a commodity chemical.
- Counsel for an American chemical manufacturer suing European companies for fixing commodity chemical prices in markets around the world.
- Counsel for major tobacco companies in class action by cigarette vending machine owners alleging price discrimination in violation of the Robinson-Patman Act and the Clayton Act.
- Counsel for retail pharmacy corporations in multidistrict litigation alleging unlawful pricing in violation of Section 1 of the Sherman Act and the Robinson-Patman Act.
- Counsel for a national entertainment conglomerate defending against Sherman Act claims by a concert promotion company.
News & Publications
- The Complete Appellate Advocate: Beyond Brief Writing
- Book Review of “Acts of Omission” by James S. Botswick
- Theresa Loscalzo Elected to the Board of Directors of The Forum of Executive Women
- Third Circuit Expands First Amendment Speech Protection for Students’ Off-Campus Speech
- Retail Security Policies And The Risk Of Discrimination
- DOJ and FTC Allow Collaborative Action Between Competitors In the Age of COVID-19
- Product Liability and Tort Law Implications of the COVID-19 Crisis
- Sea Change in Class Action Settlement Process: A Year Under Revised Rule 23(e)
- U.S. Supreme Court Affirms Third Circuit’s En Banc Ruling Regarding FDCPA’s Statute of Limitations
- Schnader Elevates Courtney Devon Taylor to Partner
- Paul Titus Receives the Judge Justin Johnson Award from Pennsylvanians for Modern Courts
- 2018 Harrison Awards for Pro Bono and Community Service
- U.S. Supreme Court Signals Less Scrutiny for Businesses in Two-sided Markets
- Benchmark Litigation Recommends Schnader
- Theresa E. Loscalzo Receives Philadelphia Business Journal’s 2018 Woman of Distinction Award
- What Is More Important for Pitching Business – Preparation or Relationships?
- Third Circuit Sets Precedent on FDCPA Statute of Limitations
- David Smith Named Board President of AJC Philadelphia/Southern New Jersey
- SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced
- Theresa Loscalzo Presents “Success Begets Success: The Importance of Women Supporting Women”
- Carl Schaerf and Tracy Weinstein Publish “New Strategies for Winning Dismissal of a Failure to Warn Claim”
- Theresa Loscalzo Elected to Schnader’s Executive Committee
- Paul Titus Featured in The Journal of the American College of Trial Lawyers
- Lisa Rodriguez Named to Super Lawyers 2018
- Dennis Suplee Authors the Lead Article for CPR’s Alternatives
- Carl Schaerf and Lee Schmeer Analyze Challenges for the Government Contractor’s Defense under the New Presidential Administration
- Paul Titus Receives Drum Major for Justice Award from Allegheny County Bar Association
- Courtney Devon Taylor Receives Philadelphia Business Journal’s 2017 Woman of Distinction Award
- Benchmark Litigation Recommends Schnader
- Dennis Suplee Published a Book Review of “Jury Trials Outside In”
- Dennis Suplee Published “A Fellows’ War Story” in Journal of American College of Trial Lawyers
- Benchmark Litigation Recommends Schnader
- Theresa Loscalzo Named Finalist in Center of Influence Awards
- Dennis Suplee Honored with 2016 Lifetime Achievement Award
- Have Big Law Firms Lost Their Way?
- Schnader Welcomes Courtney Devon Taylor
- Sowing Uncertainty: Navigating Patent Disputes and Antitrust Scrutiny Post King Drug
- Schnader Recognizes Robert Williams with Community Service and Pro Bono Awards
- Loscalzo Quoted in “Venerable Phila. Health Insurer Cigna acquired by Anthem”
- Theresa E. Loscalzo Received 2015 Most Powerful & Influential Woman Award
- California Supreme Court Decision in Cipro Highlights the Lack of Predictability in Antitrust Jurisprudence and Counseling
- Third Circuit Weighs in on Application of Daubert at Class Certification Stage
- Schnader Litigation Practices and Attorneys Recognized in the 2015 Benchmark Litigation Guide
- Lisa J. Rodriguez Named the 2014 Professional Lawyer of the Year by AFBNJ and NJCPL
- Schnader Ranked as “Highly Recommended” in the 2014 Benchmark Litigation Guide
- Super Lawyers Recognizes Many Schnader Attorneys in 2013
- The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an Increased Burden for Defendants?
- Eligibility for Reimbursement from the Underground Storage Tank Indemnification Fund Cannot Be Determined on a Per Tank Basis
- Another Court Holds Daubert Analysis Required When Critical to Class Certification
- Deena Jo Schneider Authors ABA Antitrust Section’s Response to FTC Guide
- Schnader Harrison Segal & Lewis LLP on Shortlist for Northeast Appellate Firm of the Year and Pennsylvania Firm of the Year
- Price Discrimination Handbook
- Schnader Ranked as “Highly Recommended” in the 2013 Benchmark Litigation and Appellate Guides
- Paul Titus Honored as an Alumni of the Year by St. Bonaventure University
- Schnader Partner Carl Schaerf Offers Comment on eBay Lawsuit
- Schnader Adds Ten New Attorneys
- Ralph Wellington Elected to the Board of Directors for the International Academy of Trial Lawyers
- Schnader’s Schaerf Presented with All Star Award from Altec Industries, Inc.
- Antitrust Law Developments 7th Edition
- Schnader’s Deena Jo Schnader Elected to the Board of Governors of the Bar Association of the Third Federal Circuit
- Schnader’s Dennis Suplee Featured in an Interview with The Legal Intelligencer
- Schnader’s Paul Titus Interviewed by CBS Pittsburgh
- Ralph Wellington Named One of the Region’s Top Attorneys
- Schnader Ranked as “Highly Recommended” in the 2012 Benchmark Litigation and Appellate Guides
- Schnader’s Washington, D.C. Office Adds To Its Ranks
- Sixty-Eight Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
- Deena Jo Schneider Appointed Vice-Chair of the ABA Antitrust Section’s Pricing Conduct Committee
- Recent Second Circuit Opinion Invalidates Class Action Waiver Provision in a Commercial Contract
- Interlocutory Appeals of Denials of Motions to Dismiss in the Wake of Twombly: A New Option for the Defense?
- “DOJ’s Antitrust Suit Against American Express Will Steer Profits to Merchants, But Won’t Help Consumers”
- Schnader Ranked as “Highly Recommended” in the 2011 Benchmark Litigation Guide
- American Needle, Inc. v. National Football League – Is Every League or Association a “Walking Conspiracy” for Purposes of Antitrust Analysis?
- The Third Circuit Clarifies the Robinson-Patman Act’s “Competing Purchaser” Requirement
- Schnader Has a Leading Role in Defending a Medical Center Against Antitrust Claims
- Dennis Suplee One of Two Pennsylvania Lawyers Recognized by The International Who’s Who of Commercial Litigators
- Paul Titus Comments on the Selection of New U.S. Attorneys for Pennsylvania
- Schnader Attorneys Tout Benefits of Pro Bono
- Suplee Re-appointed Co-Chair of American College of Trial Lawyers’ Access to Justice and Legal Services Ctte.
- Third Circuit Appellate Practice Manual
- Twenty from Schnader in Best Lawyers in America 2007
- Schnader Ranked Among Top Pa. Firms for Antitrust, Environmental, Litigation, Real Estate
- “Federal Appellate Procedure – Third Circuit”
- Product Liability and Tort Law Implications of the COVID-19 Crisis
- Class Action Litigation in 2020: What You Need to Know
- Advocates’ Best Practices in Selecting Arbitrators
- UDAP, UDAAP & the Map Rule Compliance Basics
- Dennis Suplee Speaks at PADC’s Seventh Annual Young Lawyers Program
- Class Actions: Perspectives on Key Issues
- Schnader Sponsors and Hosts the CPR Regional Meeting in Philadelphia on April 30
- Stephen Fogdall Presented on TILA & RESPA at MBA’s Legal Issues and Regulatory Compliance Conference
- Deena Jo Schneider Presented at ABA Section of Antitrust Law Spring Meeting
- Ira Neil Richards Presented about Mindfulness in Law
- Courtney Devon Taylor Selected by Phila. Business Journal as Coach for Bizwomen Mentoring Event
- Deena Jo Schneider Presented CLE on “Embedded Appellate Counsel at the Trial Level”
- Ira Neil Richards Spoke at HarrisMartin’s Antitrust Pay-for-Delay Litigation Conference
- Lisa Rodriguez Spoke at “The Art of the Deposition”
- Ira Richards Spoke at the 22nd National Conference on Consumer Finance Class Actions & Litigation
- Lisa Rodriguez Discussed “Ethics and Professionalism Issues in Federal Court Practice”
- Ralph Wellington Presented at the Higher Education Real Estate Lawyers 12th Annual Conference
- Lisa Rodriguez Presented “Handling the High-Profile Case” at the New Jersey State Bar Association’s 2014 Annual Meeting and Convention
- Stephen Fogdall Presented the CLE Webinar “Attorney-Client Privilege Between Affiliated Entities: Who Owns the Privilege When Interests Diverge?”
- Lisa Rodriguez Joined “Is There a Right Time to Settle?” Panel Presented by the U.S. District Court for the District of New Jersey and the Association of the Federal Bar of New Jersey
- Ralph Wellington Joined Panel of Speakers for CLE Workshop “Expert Lawyers on Expert Witnesses”
- Deena Jo Schneider Presented at the 2013 Antitrust Institute on Discrimination in Price and Promotions
- Deena Jo Schneider Organized ABA Committee Program on “Pricing Fundamentals in Latin America – Highlighting Brazil, Chile and Mexico”
- Carl Schaerf and Saul Wilensky Co-Chair New York State Bar Association Program – “Basics of Trial Practice – After the Verdict”
- Deena Jo Schneider Moderated Program at the 61st Annual American Bar Association Section of Antitrust Law Spring Meeting
- Stephen Fogdall Presented on Commercial Class Actions at IADC’s 2013 Mid-Year Meeting
- Stephen Fogdall Presents CLE Seminar – “Filing Motions to Dismiss: Emerging Issues and Strategic Considerations”
- Deena Jo Schneider Moderated the American Bar Association Section of Antitrust Law Webinar “Price Discrimination”
- Deena Jo Schneider Chairs CLE Program “Tangled Web: Distribution Pricing in the Internet Age”
- David Smith Participates in Panel at the National Symposium on Diversity in the Legal Profession
- Schnader’s Schaerf, Loscalzo and Reimann Discuss What Every In-House Lawyer Should Know About Antitrust When Dealing With Distribution Issues
- Deena Jo Schneider Participates in the Bar Association’s “Leaders of Philadelphia Area Women’s Initiatives” Program
- Schnader’s Deena Jo Schneider Presents “Bundle Discounts, Not Discrimination: Structuring Bundled and Loyalty Discounts to Comply with the Robinson-Patman Act (and Foreign Law, Too)”
- Bankruptcy Implications in the New Economy, New Jersey Association of Corporate Counsel
- Schnader’s Deena Jo Schnader Presents “E-Discovery: Now What”
- Deena Jo Schneider Speaks on “Legal Ethics in Pennsylvania: Solutions to the Most Common Ethical Challenges”