Our antitrust team wins cases.

We combine the nation’s sharpest antitrust minds with extensive trial experience in federal courts to deliver results for our clients.

Experienced trial lawyers. We are formidable trial lawyers with a track record of favorable decisions. Our deep bench of litigators have tried dozens of trials to verdict and are particularly adept at handling civil litigation that involves criminal and regulatory investigations.

Victories against the enforcers. We have unmatched experience litigating against the government. Our team members have handled more merger trials over the past several years than any other antitrust practice, amassing a record of victories against the DOJ, FTC, and State AGs.

Enforcement insight and expertise. We bring firsthand experience from working inside the competition agencies. Our team of litigators includes a former Director of the FTC’s Bureau of Competition, a former Deputy Assistant Attorney General of the DOJ’s Antitrust Division, a former Associate Deputy Attorney General & Senior Advisor for Technology Industries at the DOJ, and a former lead trial lawyer from the DOJ Antitrust Division’s San Francisco Field Office. 

 

Notable Experience

Trials

  • Tempur Sealy, the world’s largest bedding provider, in defeating a landmark vertical merger challenge brought by the FTC to Tempur Sealy’s $5 billion acquisition of Mattress Firm Group, the mattress retailer.

  • GTCR BC Holdings LLC in defeating the FTC’s lawsuit challenging its $627 million acquisition of Surmodics.

  • Assa Abloy in successfully defending its $4.3 billion acquisition of Spectrum Brands’s Hardware and Home Improvement in a suit filed by the U.S. DOJ seeking to block the transaction.

  • Change Healthcare Inc. in winning a federal trial brought by the U.S. DOJ challenging the $13.8 billion merger with UnitedHealth Group’s Optum unit.

  • T-Mobile US and Deutsche Telekom in defeating a state attorney general-led challenge to T-Mobile US’s merger with Sprint Corporation for a total combined enterprise value of $146 billion.

  • Juul Labs in a $12.8 billion minority investment by Altria Group including in Part 3 administrative trial brought by the FTC challenging the deal and in parallel follow-on litigation.

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Pre-Trial Wins

  • Keurig Dr Pepper in securing a major victory – denial of class certification – in a massive multidistrict monopolization litigation in the Southern District of New York.

  • NSK in defeating class certification in the Eastern District of Michigan in class action litigation related to allegations of price-fixing in the auto parts industry.

  • Sanofi in winning summary judgment and defending it on appeal to the Third Circuit in a multi-billion-dollar lawsuit brought by a competitor alleging monopolization by means of bundled rebates and loyalty discounts; a decision upheld in the Third Circuit.

  • Capital One in successfully defeating a last-minute preliminary injunction and injunction pending appeal that threated to delay its $35 billion acquisition of Discover in a class action brought by private cardholders in the Northern District of California (and briefly in the Ninth Circuit) challenging the transaction.

  • Diageo plc, the world’s largest spirits company, in obtaining dismissal for lack of jurisdiction of antitrust claims filed against Diageo and other defendants by the digital platform Rumble in federal court in Texas.

  • An Academic Publisher in a successful motion to dismiss a putative class action antitrust litigation filed in Eastern District of New York alleging collusion among the world’s largest for profit publishers of peer reviewed scholarly journals in violation of Section 1 of the Sherman Act.

  • Cushman & Wakefield and its subsidiary Pinnacle Property Management Services in multi-district litigation and related investigations into alleged coordination on pricing through AI-based revenue management software, including securing Cushman’s removal from the private class action and in settling multi-district litigation on highly favorable terms.

  • Walgreens in securing a motion to dismiss in class action litigation in the E.D. Pa. related to allegations of price-fixing in the generic drug industry.

  • Iowa Premium in class action litigation in the District of Colorado related to allegations of information exchange and wage fixing in red meat industry; our client only one dismissed.

  • Large consumer products company in a successful motion to dismiss an antitrust suit in the Eastern District of Virginia alleging that its acquisition of another consumer products company violated the Clayton Act and Sherman Act and in obtaining dismissal of a suit in the Central District of California alleging monopolization via sham litigation.

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