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Title

Antitrust and Competition Litigation

Description

Our lawyers have extensive experience litigating civil and criminal antitrust cases, from representing individual and class action plaintiffs to defending against allegations of price fixing, monopoly or other antitrust violations.

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  • We litigate civil and criminal antitrust and competition matters — including class actions, multidistrict litigations and individual cases. We have extensive experience litigating at both the trial and appellate levels, including the Supreme Court of the United States. We regularly represent clients in government investigations and enforcement actions and criminal prosecutions throughout the United States and before competition authorities in Europe.

    Our Antitrust and Competition Litigation team has successfully represented industry-leading companies, global brands, nascent competitors, individual defendants, and class and opt-out plaintiffs in high-stakes and precedent-setting civil and criminal antitrust matters. Many of our lawyers honed their courtroom skills in government positions. Our team includes former members of the U.S. Department of Justice, including the Office of the Solicitor General, who have argued and won both civil and criminal antitrust cases before the Supreme Court of the United States. 

    Our team has extensive experience in asserting and defending antitrust claims relating to: 

    • Bid rigging
    • Price fixing
    • Price discrimination
    • Monopolization and attempted monopolization
    • Unfair trade practices
    • Terminated distributors
    • Joint ventures, strategic alliances and competitor collaborations
    • Market manipulation
    • Geographic and product market allocation
    • Product disparagement
    • Cartel investigations and other criminal matters
    • EU state-aid issues

    Equally adept at resolving matters through alternative means, we regularly explore and utilize arbitration, mediation and negotiated settlements to help clients avoid the risks, costs, intrusion and delays of going to court.

    Defining Matters

    • DC Litigation Team Secures Dismissal of Price Fixing Case Against Ric Blake

      On March 31, 2022, our Washington, DC, litigators secured the dismissal of the government’s case against client Ric Blake, stemming from a U.S. Department of Justice investigation into price fixing in the poultry industry, which resulted in two mistrials. Following the mistrials, the government dropped its case against Mr. Blake and four other defendants.

    • DC Team Defends Summary Judgment Win Rejecting Monopolization Claim by Pharmaceutical Company

      On Jan. 19, 2022, lawyers in Kramer Levin’s Washington, DC, office defended in oral argument before the Tenth Circuit the summary judgment they had won for a pharmaceutical company in the district court against a claim brought by a large rival. Reflecting the importance of the case, our client’s position was supported by amicus briefs from the Chamber of Commerce of the United States, leading scholars of law and economics, and the Pharmaceutical Care Management Association.

    • Kramer Levin Files Suit for The Procter & Gamble Company against Railroads Alleging Violations of Federal Antitrust Laws

      On May 1, 2020, Kramer Levin filed a federal antitrust lawsuit in the U.S. District Court for the Southern District of Ohio on behalf of its clients The Procter & Gamble Company and certain affiliates against BNSF Railway Company, Union Pacific Railroad Company, CSX Transportation, Inc. and Norfolk Southern Railway Company.
    A 'Litigation Powerhouse'
    — Law360

    Practice Contacts

      • Daniel B. Goldman

        • Partner
        • Partner, Chair, Antitrust and Competition Litigation
        • New York
        • dgoldman@kramerlevin.com
        • T 212.715.9162
        • F 212.715.8162
      • vcard
      • Roy T. Englert, Jr.

        • Partner
        • Partner, Chair, Supreme Court and Appellate Litigation
        • Washington, DC
        • renglert@kramerlevin.com
        • T 202.775.4503
        • F 202.775.4510
      • vcard
      • Claudia Pak

        • Partner
        • New York
        • cpak@kramerlevin.com
        • T 212.715.9137
        • F 212.715.8337
      • vcard
    • Perspectives

      • Category
        Client Alerts
        Date
        March 14, 2022
        Title
        The Ocean Shipping Antitrust Enforcement Act and Antitrust Scrutiny of Ocean Common Carriers
        Read More
      • Category
        Defining Matters
        Date
        Jan. 19, 2022
        Title
        DC Team Defends Summary Judgment Win Rejecting Monopolization Claim by Pharmaceutical Company
        Abstract

        On Jan. 19, 2022, lawyers in Kramer Levin’s Washington, DC, office defended in oral argument before the Tenth Circuit the summary judgment they had won for a pharmaceutical company in the district court against a claim brought by a large rival. Reflecting the importance of the case, our client’s position was supported by amicus briefs from the Chamber of Commerce of the United States, leading scholars of law and economics, and the Pharmaceutical Care Management Association.

        Read More
      • Category
        Announcements
        Date
        Nov. 04, 2021
        Title
        Kramer Levin Named in Top Tier by 2022 U.S. News & World Report and Best Lawyers’ Best Law Firms Rankings
        Read More
      • Category
        Client Alerts
        Date
        March 18, 2021
        Title
        The Potential Impact of the Competition and Antitrust Law Enforcement Reform Act of 2021 on Antitrust Enforcement and Private Antitrust Litigation
        Read More
      • Category
        Client Alerts
        Date
        Dec. 01, 2020
        Title
        French Competition Authority Overturns Its Decision-Making Practice: Coordination Between Subsidiaries in Calls for Tenders Is No Longer Anti-Competitive
        Read More
      • Category
        Client Alerts
        Date
        Nov. 10, 2020
        Title
        Cartels — Presumption of Decisive Influence by the Parent Company on Its Subsidiaries and Solidarity for the Payment of the Penalty: CJEU Judgment of Oct. 28, 2020, Pirelli v. Commission
        Read More
      • Category
        Client Alerts
        Date
        Oct. 26, 2020
        Title
        European Commission Publishes Outcome of Evaluation of EU Competition Rules on Vertical Agreements
        Read More
      • Category
        Client Alerts
        Date
        Oct. 23, 2020
        Title
        United States v. Google: Market Impact and Private Antitrust Liability
        Read More
      • Category
        Funds Talk
        Date
        Aug. 03, 2020
        Title
        Antitrust Litigation Opportunity for Funds
        Read More
      • Category
        Client Alerts
        Date
        July 30, 2020
        Title
        Merger Control: French Competition Authority Publishes New Guidelines
        Read More
      • Category
        Client Alerts
        Date
        May 19, 2020
        Title
        COVID-19: risque de sanctions en cas de suspension des paiements et de non-respect des délais de paiement inter-entreprises
        Read More
      • Category
        Defining Matters
        Date
        May 04, 2020
        Title
        Kramer Levin Files Suit for The Procter & Gamble Company against Railroads Alleging Violations of Federal Antitrust Laws
        Read More
      • Category
        Client Alerts
        Date
        April 27, 2020
        Title
        EU-Antitrust Law Framework Relating to the COVID-19 Crisis
        Read More
      • Category
        Client Alerts
        Date
        March 13, 2020
        Title
        French Competition Authority: Competition Policy and Digital Issues
        Read More
      • Category
        Funds Talk
        Date
        Dec. 02, 2019
        Title
        Pre-Merger Information Exchange Between Competitors
        Read More
      • Category
        Client Alerts
        Date
        Nov. 12, 2019
        Title
        Francia - Controllo delle concentrazioni : Procedura di notifica on-line per certe operazioni
        Read More
      • Category
        Client Alerts
        Date
        Nov. 07, 2019
        Title
        The French Competition Authority Can Now Be Notified Online of Concentrations
        Read More
      • Category
        Articles
        Date
        Oct. 10, 2019
        Title
        ‘US Airways v. Sabre Holdings’: A Tale of a Two-Sided Market
        Read More
      • Category
        Client Alerts
        Date
        July 30, 2019
        Title
        European Commission Adopts Passing-On Guidelines for National Judges Evaluating Cartel-Related Damages
        Read More
      • Category
        Client Alerts
        Date
        April 29, 2019
        Title
        Relations commerciales entre professionnels : ce qui change dès le 26 avril 2019
        Read More
      • Category
        Articles
        Date
        April 08, 2019
        Title
        France Chapter: Getting the Deal Through – Vertical Agreements 2019
        Read More
      • Category
        Speaking Engagement
        Date
        March 12, 2018
        Title
        International Consumer Protection Developments (EU, Italy and France)
        Read More
      • Category
        Announcements
        Date
        Nov. 15, 2017
        Title
        Kramer Levin Receives Antitrust Enforcement Award from the American Antitrust Institute
        Read More
      • Category
        Announcements
        Date
        Nov. 27, 2014
        Title
        Kramer Levin Successfully Defends Self-Inking Stamp Manufacturer Trodat France Before the French Competition Authority
        Read More
    • Recognition

      Year
      2022
      Name
      Benchmark Litigation: Law Firm of the Year for New York

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