dcsimg Antitrust Litigation and Government Investigations

Antitrust Litigation and Government Investigations

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McGuireWoods’ lawyers have developed deserved reputations as imaginative problem solvers in a wide range of antitrust matters – civil, criminal and regulatory. They regularly appear before courts, agencies and tribunals throughout the United States and in Europe.

We have substantial experience in all forms of civil antitrust litigation. We regularly represent corporations, trade associations and individuals in follow-on treble damage civil litigation spawned by government investigations and in other civil antitrust litigation, including indirect purchaser litigation and multi-district class actions.

Our trial teams have litigated antitrust disputes involving allegations of price fixing, monopolization, attempts to monopolize, predatory pricing, tying arrangements, price discrimination and a host of other claims in an array of industries, ranging from ground and marine transportation, to paper products, telecommunications, soft drinks, highway and airport paving, life sciences, health care, furniture, coalbed methane gas and baked goods.

We have equally substantial experience in the criminal antitrust arena, and have represented domestic and foreign companies and individuals in a variety of proceedings, including dawn raids, grand jury investigations and amnesty applications, as well as criminal trials involving allegations of price fixing, bid rigging, customer and market allocations and many other claims.

We take pride in the fact that we have been able to achieve a full range of positive outcomes for clients, from convincing the government not to bring charges, to securing dismissals of lawsuit, to obtaining leniency under amnesty programs, negotiating favorable plea agreements and settlements, securing immunity for targets of investigations, avoiding debarment or disqualification from bidding on government contracts and winning acquittals at trial. Our European lawyers handle similar matters, with similar results, in the EU.

CONTACTS

Howard Feller Partner T: +1 804 775 4393
James H. Walsh Partner T: +1 804 775 4356
Amy B. Manning Partner T: +1 312 750 8904
Results 1-20 of 20
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

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 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.
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

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

Defended client in criminal investigation and civil cases alleging global collusion

Representation of a carrier of liquid chemicals in parcel tanker vessels in international cartel investigation and related treble damage actions alleging price fixing and bid rigging.
Representative Matter

Consumer electronics retailer

Defeated motion to certify a putative class of independent music retailers asserting price discrimination claims under the Robinson-Patman Act as well as below-cost pricing claims under California law.  
Representative Matter

Paving companies

Defended various paving companies against criminal price-fixing charges in the highway paving industry and subsequent civil litigation.
Representative Matter

Leading energy producer

Represented a leading energy producer in civil litigation in which it was alleged to have monopolized coal bed methane gas production and transportation in certain markets.
Representative Matter

Manufacturer company

Defended a manufacturer against criminal price-fixing charges in the paper market.
Representative Matter

Surgery center

Represented a surgery center in the prosecution of a tying arrangement by the area’s largest hospital.
Representative Matter

Airline

Acted on an appeal to the European General Court by an airline in relation to alleged aid granted to it by an EU government.
Representative Matter

Fortune 100 chemical company

Obtained dismissal of antitrust claims against a Fortune 100 chemical company alleged to have unlawfully excluded a competitor from competing in the United States.
Representative Matter

Large food manufacturer

Representation of a large food manufacturer in civil litigation in which it was alleged to have entered into unlawful tying arrangements and exclusive dealing agreements to monopolize the relevant market.
Representative Matter

McGuireWoods regularly defends clients before EU national courts

Appeal by a transport operator to the EU General Court in relation to a European Commission decision concerning alleged aid granted to one of its competitors. Appeal by a transport operator to the EU General Court in relation to alleged aid granted to it by an EU government. Appeal by a third party complainant to the EU General Court concerning an EU merger control clearance granted subject to remedies. Advice on a private action for damages in the Belgian courts following an EU cartel decision.
Representative Matter

Major carrier of liquid chemicals

Representation of a major carrier of liquid chemicals in ocean-going vessels in an investigation by the U.S. Department of Justice Antitrust Division and in defense of numerous treble damage actions alleging anticompetitive conduct by competitors in the parcel tanker shipping industry.
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

McGuireWoods smooths the way for clients selling products in the EU

Advice on a range of EU regulatory matters in sectors including pharmaceutical, veterinary products, medical devices, insurance, chemicals, anti-dumping and food.
Representative Matter

Domestic ocean container shipping company

Represented a domestic ocean container shipping company in a price-fixing investigation conducted by the U.S. Department of Justice Antitrust Division, and defended numerous consolidated private antitrust class action and indirect purchaser damage claims arising from the government’s investigation.
Representative Matter

Domestic and Foreign Corporations

Conducted expedited internal investigations into possible cartel behavior to ascertain the potential need to self-report under the U.S. Department of Justice Amnesty Program.
Results 1-20 of 20