dcsimg Antitrust Litigation and Government Investigations

Antitrust Litigation and Government Investigations

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
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

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

Company in the construction industry

Successfully defended a company in the construction industry in a criminal antitrust investigation conducted by the U.S. Department of Justice in Dallas. The firm persuaded the DOJ to close the grand jury investigation without bringing any charges against our client.
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

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

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.
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

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

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

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

Manufacturer company

Defended a manufacturer against criminal price-fixing charges in the paper 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

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

Paving companies

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

Surgery center

Represented a surgery center in the prosecution of a tying arrangement by the area’s largest hospital.
Results 1-20 of 21
Results 1-25 of 34
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Tammy L Adkins Tammy L. Adkins
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 5727
F: +1 312 920 6193
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Vassilis Akritidis
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 53
F: +32 2 629 42 22
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Yongqing Bao
Associate
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 24
F: +32 2 629 42 22
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Michael Bolos Michael F. Bolos
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8883
F: +1 312 920 6156
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Kristen M Calleja Kristen M. Calleja
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1374
F: +1 804 698 2264
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Pol Cools Pol Cools
Associate
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 16
F: +32 2 629 42 22
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Joshua D Davey Joshua D. Davey
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2167
F: +1 704 805 5019
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Michael F Easley Jr. Michael F. Easley Jr.
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6696
F: +1 919 755 6583
vCard
Jason D Evans Jason D. Evans
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2050
F: +1 704 444 8774
vCard
Matthew D Fender Matthew D. Fender
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1076
F: +1 804 698 2209
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Samantha C. Gordon
Attorney
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 2769
F: +1 312 920 6182
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Matthew Hall Matthew Hall
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 34
F: +32 2 629 42 22
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Jeremiah A Jenkins Jeremiah A. Jenkins
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2258
F: +1 704 444 8724
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J. Brent Justus J. Brent Justus
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1018
F: +1 804 698 2026
vCard
Henry L Kitchin Jr. Henry L. Kitchin Jr.
Partner
300 North Third Street
Suite 320
Wilmington, NC 28401-4099

T: +1 910 254 3822
F: +1 910 254 3823
vCard
Robert W Loftin Robert W. Loftin
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4715
F: +1 804 698 2177
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Casey Lucier Casey Erin Lucier
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7695
F: +1 804 698 2153
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Bethany Gayle Lukitsch Bethany Gayle Lukitsch
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4711
F: +1 804 698 2261
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Amy B Manning Amy B. Manning
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8904
F: +1 312 558 4386
vCard
Bill Mayberry Bill Mayberry
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2024
F: +1 704 444 8751
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Yves Melin Yves Melin
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 26
F: +32 2 629 42 22
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Tracy Evans Moyer Tracy Evans Moyer
Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8276
F: +1 310 956 3176
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Providence Napoleon Providence E. Napoleon
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1284
F: +1 804 698 2127
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H. Wayne Phears H. Wayne Phears
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5718
F: +1 404 443 5770
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Richard J Rappaport Richard J. Rappaport
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8618
F: +1 312 920 3696
vCard
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Event

8 Key Trends in Healthcare False Claims and Antitrust Litigation

March 12, 2014
Complimentary Teleconference
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