Antitrust and Trade Regulation

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Howard Feller Partner T: +1 804 775 4393 hfeller@mcguirewoods.com

James H. Walsh Partner T: +1 804 775 4356 jwalsh@mcguirewoods.com

Amy B. Manning Partner T: +1 312 750 8904 amanning@mcguirewoods.com

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Representative Matter

McGuireWoods defends price fixing MDL class action

Defense of polyurethane foam manufacturer in multidistrict (MDL) and class action antitrust litigation stemming from allegations of price-fixing and market allocation. Multinational litigation involving the competition laws of the U.S., Canada and multiple European countries, as well as the EC.

Representative Matter

Helped chemical company client secure a $45 million antitrust litigation win

Representation of plaintiff, a chemical company, in antitrust litigation that concluded in a $45 million settlement. In July 2010, the plaintiff filed an antitrust action against a competing chemical company relating to its sales in Iraq and Indonesia of tetraethyl lead (TEL), an octane-boosting fuel additive used in connection with the production of gasoline for motor vehicles.

Representative Matter

Obtained total dismissal of claims against health care plan

Representation of a health care plan that was sued by The American Chiropractic Association, the Virginia Chiropractic Association and several chiropractors. The plaintiffs alleged a conspiracy in violation of the federal and state antitrust laws, attempted monopolization, a RICO violation, tortious interference, a common law conspiracy, breach of contract, and violation of state law. Obtained a total dismissal of all of the plaintiffs' claims through a summary judgment motion, which subsequently was affirmed by the Fourth Circuit.

Representative Matter

Defeated summary judgment in a civil antitrust lawsuit alleging illegal tying, bundling, and exclusive dealing

Representation of an ambulatory surgery center in civil litigation in which it alleged the defendant hospital used anticompetitive tying and bundling to secure an exclusive contract from the area's largest employer self-funded health plan. The case settled after the antitrust claims survived the defendant hospital's motion for summary judgment.

Representative Matter

Defended client in criminal price fixing investigation by the DOJ and follow-on civil litigation.

Representation of a domestic ocean container shipping company in a criminal investigation by the Antitrust Division of the U.S. Department of Justice of price-fixing of ocean transportation rates and defense of related treble-damage actions brought by customers seeking to recover damages as a result of the alleged conspiracy.

Representative Matter

Guided clients through the global merger control regime maze

Counsel on various transactions subject to the EU Merger Regulation, including phase one and two clearances subject to remedies. Sectors include construction machinery, agricultural machinery, process machinery, transport, healthcare, electronic equipment and chemicals. Counsel on various transactions reviewed under the UK merger control and public interest rules, including phase one and two clearances subject to remedies. Sectors include process machinery, transport, chemicals, defence and retail. Counsel on a large number of multi-jurisdictional merger control matters on a worldwide basis, including obtaining clearances subject to remedies.

Representative Matter

Defended client against price fixing MDL class actions and criminal investigation

Representation of a large maker of towels, tissues, napkins, and other paper products in over 40 civil class action antitrust suits alleging price fixing in the commercial tissue products market. Our client was one of eight defendants. The federal "direct purchaser" suits were consolidated into an MDL proceeding in Florida. There also were related state indirect purchaser suits filed in California, Tennessee, Wisconsin and Minnesota.

Case Study

Houston office receives favorable ruling from 5th Circuit clearing BP Traders of propane antitrust plot

McGuireWoods recently received a favorable ruling from the 5th Circuit affirming the dismissal of a criminal case accusing four ex-BP Products North America Inc. commodities traders of conspiring to manipulate the U.S. propane market. This case was only the second attempted criminal prosecution for manipulation in the long history of the Commodities Exchange Act.

Representative Matter

Vigorously defending clients if litigation emerges from cartel investigations or key competition laws

Counsel in relation to European Commission and UK Office of Fair Trading cartel investigations, including dealing with leniency and the EU settlement procedure. Sectors include insurance, general manufacturing, electronic equipment and transport.

Representative Matter

Leading US ocean shipping and integrated logistics company

Obtained dismissal of class action claims against two shipping companies in multidistrict litigation alleging our clients colluded to increase fuel surcharges and allocate customers on containerized cargo shipments to Hawaii and Guam.

Representative Matter

Major carrier of liquid chemicals

Represented a chemical tanker company in a class arbitration in which the U.S. Supreme Court ruled in favor of our client on whether it is consistent with the Federal Arbitration Act (FAA) to impose class arbitration where an arbitration clause is silent on class treatment.

Representative Matter

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