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 plaintiffsâ counsel]
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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.
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.
âHausfeld LLP has built an outstanding international antitrust practice. Its lawyers are top-notch in all respects and particularly expert in everything about antitrust law.â âIt is the pre-eminent antitrust litigation practice on the claimant side in Europe.â
Another name to note is William Reiss, who is recognized by clients as a â strong, up-and-coming attorney â, who â will be a superstar over time â. âVery collaborative and responsive.â âGreat lawyers, wonderful to deal with, excellent strategic insight. â
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.
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.
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.
Antitrust law â sometimes referred to as "competition law" â focuses on the statutes and regulations that promote fair and open competition within different industries and geographic markets.
The three major Federal antitrust laws are: The Sherman Antitrust Act. The Clayton Act. The Federal Trade Commission Act.
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 ...
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.
Violations of laws designed to protect trade and commerce from abusive practices such as price-fixing, restraints, price discrimination, and monopolization.
The Sherman Act was amended by the Clayton Antitrust Act in 1914, which addressed specific practices that the Sherman Act did not ban.
The agency's antitrust bureau is more than doubling in size, from 40 to 100 officials, and it plans to expand to 150.
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.
A competition lawyer usually does antitrust and merger control, and advising clients on day-to-day compliance â 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.
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.
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:
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.
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.
Fines for violating this act can span from $1 million to $100 million. The upper end of this range is usually reserved for corporations.
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.
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.
Doing plaintiffâs work allows you to avoid the billable hour requirement most firms impose on their associates. In the plaintiff attorneyâs world, itâs all about achieving optimal results in the most efficient way possible. There is no incentive to âbill the fileâ just to meet some arbitrary requirement intended to increase firm profits. In many instances the billable hour requirement is nothing more than a âpyramid schemeâ 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 doesnât 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.
Because plaintiffâs attorneys typically work in smaller firms that are less hierarchical, new lawyers actually get to practice law. In fact, the expectation at most plaintiffâs firms is that new attorneys will interact with clients, take depositions, negotiate settlements, argue motions and even try cases.
We need more outstanding plaintiffâs 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 plaintiffâs lawyer is not for everyone; it takes passion, creativity, courage and resilience. Perhaps not surprisingly, then, historically it has been the great plaintiffâs 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!
In my experience, most people go to law school hoping that one dayâpreferably sooner than laterâthey 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, âIf you canât beat âem, join âem.â
A wonderful aspect of doing plaintiffâs work is that you donât need a job; all you need is a client. Particularly in todayâs 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 plaintiffâs 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!
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.
Antitrust law â sometimes referred to as "competition law" â focuses on the statutes and regulations that promote fair and open competition within different industries and geographic markets.
Federal Trade Commission âThe 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.
Chambers and Partners â 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.
It might be helpful to think of antitrust practice as being divided into two broad categories: 1) litigation/investigations, and 2) mergers.
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.
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.
Cohen Milstein has earned a sterling reputation as one of the most widely respected plaintiffsâ antitrust practices in the country . The firm has received numerous accolades for its antitrust work, including:
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.
A case alleging that Zuffa , LLC (commonly known as the âUFCâ) unlawfully monopolized mixed martial arts fighting markets and depressed the pay of its fighters; and
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.
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.
Founded in 2017, class-action boutique outfit MoginRubin LLP is recognized as having â extensive experience in litigating antitrust matters â, leveraging â close contacts with prominent expert economists and damage experts â. Commended for its ability to secure â large verdicts and settlements on behalf of consumer and industry plaintiff classes â, 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 â a particularly gifted trial lawyer â. Also in the firmâs 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.
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 countryâs 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.
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).
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.
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.