Antitrust

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Overview

Our antitrust litigators are aggressive, strategic and deeply knowledgeable about antitrust law. We are focused on more than simply winning a case. We pursue strategies that consider client exposure, risk reduction and recoveries and that reflect the dynamics of the market in which our clients operate.

We litigate smart which is why we have been tabbed to represent clients in high-profile antitrust cases. Our litigators possess an inside-out understanding of antitrust law, allowing us to quickly identify the weaknesses in a plaintiff’s case and craft a legal strategy to exploit those deficiencies. We also understand how high the stakes are in these cases, so our primary focus is to deliver an early-stage resolution for our clients.  more +

RK&O’s seasoned litigators have defended our clients against a range of federal and state antitrust claims. Our expertise includes:

  • Claims of financial manipulation that implicate the antitrust laws along with securities and commodities law claims.
  • Claims arising out of alleged price fixing, market allocation and exclusionary practices.
  • Claims involving trade organizations and groups, including alleged cartels.
  • Market sharing.
  • Litigation risk and avoidance through the creation and use of compliance procedures.

Experience

  • ICAP plc, the interdealer broker, and its affiliates in the defense of Commodity Exchange Act, antitrust and aiding and abetting claims brought in multiple federal court proceedings by plaintiffs alleging manipulation of financial benchmarks, including Yen LIBOR.  ICAP was dismissed from the principal action on personal jurisdiction grounds.
  • Financial Guaranty Insurance Company ("FGIC") against alleged violations of California’s Cartwright Act brought by 24 California municipalities and 2 non-profits in connection with municipal bond issuances in that state. Our client was dismissed from the action after the antitrust claim was successfully challenged under California’s Anti-SLAPP statute.
  • Wachovia Corporation in defense of federal antitrust class actions alleging a price-fixing conspiracy and manipulation in the auction rate securities market. We successfully obtained dismissal before the trial court and an affirmance before the U.S. Court of Appeals for the Second Circuit.
  • An executive at a large manufacturing company in a Department of Justice antitrust investigation.
  • A fitness equipment manufacturer in antitrust and patent infringement litigation against its largest competitor.

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