In Brief
Kramer Levin Naftalis & Frankel LLP's Antitrust group works with domestic, foreign and multinational businesses to tackle complex antitrust and regulatory issues, many with potentially significant bottom line impact. Our attorneys provide creative solutions and cost-effective tactics for achieving antitrust compliance, a crucial component of business success in today's global economy.

Kramer Levin's experienced Antitrust team has handled the full range of antitrust concerns over the years and, where necessary, has litigated effectively to vindicate client rights. Our practical experience, superior legal expertise and cutting-edge insight enable clients to accomplish their business objectives while fulfilling their antitrust obligations.

Representative Clients/Transactions

• Successfully defended a proposed transaction investigated in depth by the Federal Trade Commission, enabling the parties in the manufacturing industry to close the merger deal and to get it done without undue delay despite the FTC’s issuance of a Second Request, which ordinarily delays (and usually kills) a deal. Our work also included successful defense of a parallel “gun-jumping” investigation. 
• Bob Heller, chair of the firm’s antitrust practice, prepared an expert report as an expert witness in a non public arbitration arising out of the sale of a business. The Report dealt with the reasonableness of a settlement of class action antitrust claims and included a detailed analysis of the de-trebling provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. 
• Represent raw material supplier in an industry wide Department of Justice criminal antitrust investigation.
• Defend seven Chinese magnesite producers against Sherman Act claims for allegedly forming a cartel and conspiring to fix the price of magnesite in the worldwide markets. 
• Defend major pharmaceutical company from numerous antitrust counterclaims in the Upsher patent litigation. 
• Represented top investment bank Inc. in NASDAQ market-maker class action antitrust and securities litigations. 
• Represented steel pipe manufacturer in a case before the U.S. Supreme Court involving the extent to which U.S. antitrust law regulates lobbying activities. 
• Successfully defended a chain of newspapers and their owner against Sherman Act claims of monopolization and conspiracy to monopolize the market for delivery of advertising content to newspapers. 
• Successfully defended subsidiary of major pharmaceutical company, in a contract and Robinson-Patman Act antitrust dispute brought by one of its distributors of cold and allergy products. 
• Conducted an internal investigation concerning alleged bid rigging for a major insurance company. 
• Assisted a pharmaceutical client in prosecuting monopolization claims arising out of a rival’s unlawfully obtained patents in a pharmaceutical patent infringement action. 
• Defended uranium producing firm against charges of price fixing arising from its participation in government sanctioned activity by a group of competitors. 
• Won summary judgment for major civic organization against claims of an economic boycott.
• Defended two separate market making firms in class action litigation alleging price-fixing and related antitrust violations by market makers and stock exchanges with respect to certain stock options. 
• Defended numerous consumer credit counseling services across the United States against price fixing and monopolization claims brought on behalf of a group of competing services. 
• Defended client against a so-called Walker Process antitrust counterclaim. 
• Counseled manufacturers and resellers on antitrust issues relating to their marketing, distribution and promotional programs, dealer terminations, refusals to deal, group purchasing and joint marketing plans and the like.

Principal Areas of Focus
Kramer Levin's experience in the antitrust field includes civil treble damage litigation, government enforcement cases, criminal matters and other government proceedings, both in court and at the Federal Trade Commission. We provide counsel in connection with mergers, acquisitions, franchising, patent and technology licensing, and sophisticated distribution transactions.  Our Antitrust group serves clients in diverse industries, from financial services to fashion apparel, defense components to computer games, automobile manufacturing to environmental cleanup.  We advise clients on business activities ranging from the broadly familiar to emerging practices involving antitrust and related intellectual property issues arising from their Internet activities.

Compliance Services

Clients receive counsel on preventive measures - the adage "an ounce of prevention" is directly applicable to the Antitrust practice. We provide a number of compliance-oriented services including antitrust audits, compliance guides and interactive training programs. By spotlighting potential antitrust problems before they bloom, we help clients avoid or at least minimize the high costs of investigation and litigation.

Alternative Dispute Resolution

Always mindful of the client's bottom line, we make every effort to explore alternatives to litigation, including Alternative Dispute Resolution and other cost-efficient options. When litigation is necessary, we bring to bear the unsurpassed skills, experience and resources of Kramer Levin's Litigation Department in defense of our clients' interests.

Appellate Experience

Our Antitrust team has extensive appellate experience, including acting for Allied Tube and Conduit Corporation before the U.S. Supreme Court in its litigation with Indian Head, Inc. in a case involving the extent to which U.S. antitrust law regulates lobbying activities.

Cross-Practice Counseling

The Antitrust group is a pivotal part of the counseling team that Kramer Levin offers clients across our practice areas. The Antitrust group is integral to the firm's Mergers and Acquisitions group.  We have shepherded numerous transactions through the Department of Justice and the Federal Trade Commission and, in coordination with foreign counsel, through pre-merger processes in Europe, Canada, Australia, Japan and Latin America. For our intellectual property clients, we provide expert advice in the difficult area marking the boundary between antitrust and intellectual property law. We have handled an array of antitrust issues arising in the context of trademark, patent licensing and patent infringement cases.

Applied Expertise

Clients turn to a Kramer Levin team that includes a former attorney adviser to a Commissioner of the Federal Trade Commission who has practiced in the antitrust field for over thirty-five years; two lawyers with over 25 years of antitrust practice experience; and a Fellow of the American College of Trial Lawyers.