how to become a plaintiff antitrust lawyer

by Kiarra Beahan PhD 8 min read

Being a good antitrust lawyer requires a combination of lawyering skills, including oral and written advocacy, an understanding of economics, interpersonal skills for large cases with multiple co-defendants and plaintiffs’ counsel]

Full Answer

Who are the Best Lawyers for large antitrust class actions?

Litigation boutique Kaplan Fox & Kilsheimer LLP regularly acts as lead or co-lead counsel in large antitrust class actions and private actions. A key figure in the team is Robert Kaplan , who has an illustrious track record in this space. Also recommended is Greg Arenson, who has advised on novel class certification issues.

Why choose our antitrust practice group?

Our Antitrust Practice Group is recognized for its expertise in complex litigation challenging price-fixing, market allocation, and other anticompetitive behavior. Our clients include pension funds, businesses, and individuals.

Why Hausfeld LLP for antitrust law?

‘Hausfeld LLP has built an outstanding international antitrust practice. Its lawyers are top-notch in all respects and particularly expert in everything about antitrust law.’ ‘It is the pre-eminent antitrust litigation practice on the claimant side in Europe.’

Who are the best up-and-coming lawyers?

Another name to note is William Reiss, who is recognized by clients as a ‘ strong, up-and-coming attorney ’, who ‘ will be a superstar over time ’. ‘Very collaborative and responsive.’ ‘Great lawyers, wonderful to deal with, excellent strategic insight. ’

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What does antitrust lawyer do?

Antitrust attorneys help companies navigate competition issues created by organic growth or acquisition under national and international laws and regulations. Antitrust attorneys straddle the line between litigation and corporate attorneys.

What type of law is antitrust?

Key Takeaways. Antitrust laws are statutes developed by governments to protect consumers from predatory business practices and ensure fair competition. Antitrust laws are applied to a wide range of questionable business activities, including market allocation, bid rigging, price fixing, and monopolies.

Is antitrust a litigation?

As with government antitrust litigation, the subject matter of private antitrust litigation can vary widely, including claims for alleged price fixing, price discrimination, bid rigging, tying, refusals to deal, vertical trade restraints, monopolization, attempted monopolization, and unfair competition.

What is antitrust law practice?

Antitrust law – sometimes referred to as "competition law" – focuses on the statutes and regulations that promote fair and open competition within different industries and geographic markets.

What are the 3 antitrust laws?

The three major Federal antitrust laws are: The Sherman Antitrust Act. The Clayton Act. The Federal Trade Commission Act.

What are the four major antitrust laws?

Congress passed the first antitrust law, the Sherman Act, in 1890 as a "comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade." In 1914, Congress passed two additional antitrust laws: the Federal Trade Commission Act, which created the FTC, and the Clayton ...

Why is antitrust law important?

Antitrust laws protect competition. Free and open competition benefits consumers by ensuring lower prices and new and better products. In a freely competitive market, each competing business generally will try to attract consumers by cutting its prices and increasing the quality of its products or services.

What is an antitrust violation?

Violations of laws designed to protect trade and commerce from abusive practices such as price-fixing, restraints, price discrimination, and monopolization.

What replaced the Sherman antitrust Act?

The Sherman Act was amended by the Clayton Antitrust Act in 1914, which addressed specific practices that the Sherman Act did not ban.

Is Antitrust Law growing?

The agency's antitrust bureau is more than doubling in size, from 40 to 100 officials, and it plans to expand to 150.

What are some examples of antitrust laws?

Some of these antitrust laws include:Sherman Antitrust Act. The Sherman Antitrust Act is the oldest legislation to curtail the powers of monopolies and cartels. ... Clayton Antitrust Act. The Clayton Antitrust Act was enacted as an improvement of the Sherman Act of 1890. ... Hart-Scott-Rodino Act. ... Celler-Kefauver Act. ... Williams Act.

What does a competition lawyer do?

A competition lawyer usually does antitrust and merger control, and advising clients on day-to-day compliance – often at the same time. Matters tend to involve large, well-known companies that are more likely to influence competition on markets and include large M&A transactions and global cartel investigations.

What Makes a Good Antitrust Lawyer?

Antitrust lawyers require the same skills as any lawyer. They should be hardworking, determined, organized, and excellent at writing and speaking. They should also not stop learning and should always be trying to piece things together.

What Is Antitrust Law?

Antitrust law, often referred to as competition law, protects business competition and consumers by promoting and regulating fair competition in the marketplace. Antitrust law is what prevents unfair business acts such as:

What Behaviors Violate Antitrust Law?

There are a variety of shady business practices that violate antitrust law. Basically, if a business interferes with free-market practices in any way, they could be violating antitrust legislation. Here we'll go through some of the most common transgressions.

Why is antitrust important?

Antitrust ensures that the market will remain a fair place to conduct business where every business has a chance, and every consumer has choices. Because antitrust law deals with business and economic knowledge, knowing specific market details could benefit antitrust lawyers when building a case.

How much is the Sherman Act fine?

Fines for violating this act can span from $1 million to $100 million. The upper end of this range is usually reserved for corporations.

Is antitrust law a form of law?

Antitrust law can be an exciting form of law to practice . There are so many opportunities here and so many varied cases. If you're prosecuting offenders , finding sufficient evidence can be tricky. The large companies will usually try to bury you in paperwork to cloud the issue. So, do be prepared for doing a lot of research and digging.

When businesses slash prices to ensure that new entrants are not able to gain a foothold?

Predatory Pricing: When businesses slash prices to ensure that new entrants are not able to gain a foothold in the market, they are practicing predatory pricing. It's very similar to price-fixing.

Why do attorneys do plaintiff's work?

Doing plaintiff’s work allows you to avoid the billable hour requirement most firms impose on their associates. In the plaintiff attorney’s world, it’s all about achieving optimal results in the most efficient way possible. There is no incentive to “bill the file” just to meet some arbitrary requirement intended to increase firm profits. In many instances the billable hour requirement is nothing more than a “pyramid scheme” where associates work tirelessly to generate huge payouts to partners. While you might earn a $150,000 salary in the process, when you consider that your billable hour requirement may generate over $750,000 in attorney fees, the tradeoff doesn’t seem as attractive. Moreover, as we have recently seen, firms that employ this model are starting to collapse under their own weight with savvy clients refusing to participate in the billable hour game. This has contributed to mass layoffs, stagnant hiring, and numerous large firm closures.

Why do plaintiffs attorneys work in smaller firms?

Because plaintiff’s attorneys typically work in smaller firms that are less hierarchical, new lawyers actually get to practice law. In fact, the expectation at most plaintiff’s firms is that new attorneys will interact with clients, take depositions, negotiate settlements, argue motions and even try cases.

Why do we need more plaintiffs lawyers?

We need more outstanding plaintiff’s lawyers not simply to withstand ongoing tort reform efforts, but to provide all people with access to excellent legal representation. To be sure, being a plaintiff’s lawyer is not for everyone; it takes passion, creativity, courage and resilience. Perhaps not surprisingly, then, historically it has been the great plaintiff’s and criminal defense attorneys (also Spartans in my view) who are honored as being the finest examples of our profession. So if you think you have what it takes, when deciding which side you will fight for in the ongoing battle for a more just society, I encourage you to remember the Spartans!

Why do people go to law school?

In my experience, most people go to law school hoping that one day—preferably sooner than later—they will get a job working with a large firm, make lots of money and represent the interests of powerful companies or government agencies. This is particularly true of individuals who aspire to be litigators. And why not? We like to win and the sad but often true reality is that the outcomes of disputes are driven as much (if not more) by money and resources than by fairness and justice. So it stands to reason that when considering a career path, many prospective litigators choose to offer their talents to large, influential defense firms. You know the old saying, “If you can’t beat ‘em, join ‘em.”

Do you need a job to be a plaintiff?

A wonderful aspect of doing plaintiff’s work is that you don’t need a job; all you need is a client. Particularly in today’s uncertain legal market, there is no assurance that you will be offered work after you graduate and pass the bar. Instead of waiting around for a job to materialize, you can start helping plaintiff’s pursue claims large and small as soon as you have your license. If you have a sizeable case that may be too complex for your current experience level, or you cannot afford to take the case on a contingency fee basis, consider finding a more experience attorney who can work on the case with you and help advance case costs in exchange for a percentage of the recovery. You went to law school and passed the bar to be a lawyer, so go do it!

What industries do antitrust lawyers work in?

To work on a litigation matter or to handle a merger clearance the attorney must often dive into the specific businesses at the heart of the matter and also become very familiar with the broader industry in which that business operates. Healthcare, technology, energy, credit cards, and publishing are some industries that have seen a good amount of antitrust activity recently.

What is the purpose of antitrust law?

Antitrust law – sometimes referred to as "competition law" – focuses on the statutes and regulations that promote fair and open competition within different industries and geographic markets.

What is the Federal Trade Commission?

Federal Trade Commission –The Bureau of Competition works on mergers and litigation matters related to antitrust. There are several sections within the Bureau, including mergers sections separated by industry, as well as compliance and litigation sections. Regional offices in Seattle, Los Angeles, San Francisco, and New York handle investigations.

What is a Chambers and Partners firm?

Chambers and Partners – Top Antitrust Firms. In addition to defense firms that defend corporations and/or individual facing antitrust scrutiny from regulators or competitors, there are law firms that litigate class action matters against business on behalf of consumers. Some of these plaintiff-side firms are captured in Chambers and Partners; other plaintiff-side firms are also captured.

What are the two categories of antitrust practice?

It might be helpful to think of antitrust practice as being divided into two broad categories: 1) litigation/investigations, and 2) mergers.

What has led to increased international regulation of antitrust rules?

The globalization of business operations and markets has led to increased international regulation of antitrust rules. Even a practice based in the US may handle cross-border transactions, EU regulations, and/or analysis of international product and geographic markets.

What are the main regulators of antitrust?

The main regulators at the federal level are the Federal Trade Commission and the Department of Justice. Other agencies may handle industry-specific antitrust issues that arise as part of compliance programs or rate-making duties. At the state level, many state attorneys general are active in bringing antitrust and other consumer actions; there may be state laws that are enforceable in addition to federal laws.

Who is Cohen Milstein?

Cohen Milstein has earned a sterling reputation as one of the most widely respected plaintiffs’ antitrust practices in the country . The firm has received numerous accolades for its antitrust work, including:

What was the largest price fixing verdict in the history of the United States?

The jury verdict was the largest price-fixing verdict in the history of the United States, and the largest jury verdict in the country in 2013. Cohen Milstein was also co-lead counsel in the Electronic Books Antitrust Litigation, which alleged that Apple and five of the six biggest publishers in the U.S. conspired to raise the price of e-books.

What is the UFC case?

A case alleging that Zuffa , LLC (commonly known as the “UFC”) unlawfully monopolized mixed martial arts fighting markets and depressed the pay of its fighters; and

Who is the antitrust attorney at Quinn Emanuel Urquhart and Sullivan?

The antitrust team at Quinn Emanuel Urquhart & Sullivan, LLP has particular expertise in plaintiff-side cases that arise at the nexus of antitrust and intellectual property laws. Stephen Neuwirth chairs the antitrust and competition litigation group, which is retained by an array of individuals, classes and large corporations, with notable strength in actions brought in the financial services sector. Neuwirth's colleagues Steig Olson and Daniel Brockett also shine in plaintiff-side antitrust actions, many of which see the pair come up against major Wall Street banks and other, disparate financial service defendants. The team is primarily based in New York, though it also has a presence on the West Coast in Los Angeles-based Kevin Teruya, who is also heavily involved in plaintiff-side class actions, and has vast experience before both state and federal courts, particularly in California.

What is the case of Sullivan v Barclays?

Barclays PLC, et al., No. 13-cv-2811 (S.D.N.Y.) alleging that, between 2005 and 2011, over a dozen major banks colluded to manipulate the Euro Interbank Offered Rate.

What is MoginRubin LLP?

Founded in 2017, class-action boutique outfit MoginRubin LLP is recognized as having ‘ extensive experience in litigating antitrust matters ’, leveraging ‘ close contacts with prominent expert economists and damage experts ’. Commended for its ability to secure ‘ large verdicts and settlements on behalf of consumer and industry plaintiff classes ’, it has experience assisting a broad range of clients, from Fortune 1000 companies to start-ups, and board executives to entrepreneurs. Jonathan Rubin in Washington DC and Jennifer Oliver in San Diego jointly lead the department alongside Daniel Mogin, a San Diego-based attorney rated by clients as ‘ a particularly gifted trial lawyer ’. Also in the firm’s San Diego hub are associate Timothy LaComb and senior counsel Joy Sidhwa, the latter of whom leads the document discovery team and provides invaluable support in antitrust litigation. The group has wide-ranging expertise, but has been especially active in the areas of financial services, cybersecurity, transport and retail.

Who is Susman Godfrey LLP?

Susman Godfrey LLP 's litigation generalists possess a deep well of experience representing plaintiff-side companies and individuals a like in high-profile matters. Here, antitrust-focused team members frequently prosecute claims for monopolization, price-fixing, market allocation and other unlawful conspiracies, oftentimes for Fortune 500 companies. In light of its non-hierarchical structure, the group has lawyers on an equal footing across the country. In the Houston office, co-managing partner Neal Manne , Barry Barnett and James Southwick are all recognized for their enviable plaintiff-side practices; in Los Angeles, ' IP star ' Kalpana Srinivasan and ' outstanding strategist ' Marc Seltzer are routinely involved in complex multi-district actions; while on the East Coast, New York-based Bill Carmody has a vibrant bet-the-company trial practice in which he serves as lead counsel to some of the country’s biggest companies. After a brief period back in private practice, Randy Wilson was appointed to Houston's 14th Court of Appeals bench in January 2021.

What is antitrust litigation?

Litigation. Antitrust litigations frequently involve allegations of monopolization, price-fixing, and other agreements and activity that lessens competition. These suits often proceed as class actions, in many cases involving enormous exposure representing treble damages across entire industries. In their roles as plaintiffs, defendants, or third parties, businesses require advice from antitrust counsel regarding the risks and benefits of the antitrust litigation process, which can involve treble damages (in civil litigation) or incarceration and significant fines (in criminal prosecutions).

How do antitrust laws work?

The antitrust laws are designed to foster competition and promote consumer welfare by ensuring that businesses compete fairly based on the strength of their product and service offerings. The antitrust laws target unlawful business practices that may lead to higher prices, fewer choices, or lessened innovation for consumers. For example, the antitrust laws prohibit agreements among competitors to fix prices or allocate customers (Section 1 of the Sherman Act), illegal or attempted monopolization by firms with leading market positions (Section 2 of the Sherman Act), certain tying and exclusive dealing arrangements (Section 3 of the Clayton Act), mergers and acquisitions that are likely to substantially lessen competition (Section 7 of the Clayton Act), price discrimination between competing purchasers (Robinson-Patman Act), and, generally, unfair methods of competition (Section 5 of the FTC Act). In addition, individual U.S. states and more than 100 countries around the world have enacted antitrust laws.

What is the role of antitrust counsel?

Antitrust counsel play an indispensable role in guiding companies through administrative and, when necessary, criminal processes in the U.S., European Union, and other jurisdictions for issues related to cartelization, price-fixing, monopolization, and vertical restraints.

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