Antitrust/Unfair Competition

Our Antitrust practice has earned national recognition for both defending and prosecuting high-profile claims under federal and state antitrust laws. As antitrust litigation becomes increasingly sophisticated, clients can rely on our nationwide experience with claims involving alleged price fixing, monopolization, market allocation, and refusals to deal. Our lawyers counsel on business strategies, threats of litigation, and challenges to other companies’ monopolistic behaviors. We also are at the cutting edge of litigation and counseling concerning the intersection of intellectual property and antitrust.

The firm’s deep bench of seasoned practitioners has handled complex matters for clients relating to the health care, life sciences, technology, agriculture, defense, media, electronic payments, and consumer packaged goods industries, among others. McKool Smith also frequently acts on behalf of market innovators, leveraging our multidisciplinary team to help clients resolve disputes, protect their intellectual property, and achieve their broader strategic goals.

Representative Matters

Our attorneys’ antitrust litigation experience includes the following matters, among others:

• Red Lion Medical Safety, Inc. et. al. Representation of Red Lion Medical Safety, Inc. and 16 other plaintiffs in securing a $131.4 million verdict against General Electric Company (“GE”) in a jury trial concerning allegations that GE engaged in anticompetitive conduct in the servicing of anesthesia machines. The verdict was announced on April 26, 2017, after a seven-day trial. The jury awarded actual damages of $43,803,344. Under federal law, the damages are automatically trebled to $131.4 million. Potential injunctive relief and attorney fees will be determined by a judge at a later date.

• Dial Corp. et al. Antitrust Class Action. Secured a $244 million settlement of class action antitrust claims against News Corp. and its affiliates on behalf of a certified class of consumer packaged goods manufacturers, including Dial Corporation, Henkel Consumer Goods, Smithfield Foods, Inc., HP Hood LLC, BEF Foods, Inc., Kraft Heinz Foods and Foster Poultry Farms.

• Electronic Data Systems (EDS). Lead counsel for EDS in its five-year antitrust litigation with Computer Associates. EDS asserted a monopolization claim and was awarded an injunction requiring Computer Associates to deliver critical software on lawful terms.

• SGL Carbon Corporation. Defended SGL Carbon Corporation in a major price fixing case brought by Texas steel companies.

• R&D Copy Center. Represented companies competing against Xerox for the servicing of Xerox printers and copiers, alleging that Xerox maintained a monopoly in the servicing of high-volume copiers by refusing to sell replacement parts to independent service providers. Xerox ultimately settled for $225 million.

• A1 Copy Center. Lead counsel in a similar case against Kodak Corporation in the Northern District of California which resulted in a $45 million settlement. 

• Ericsson, Inc. Representation of Ericsson Inc. in an antitrust lawsuit brought by Golden Bridge Technology Inc. seeking more than $1 billion in damages. The district judge granted a summary judgment in favor of Ericsson Inc. after finding no evidence that the company violated any antitrust laws.

• Metro PCS. Representation of MetroPCS as co-counsel with Boies Schiller in an antitrust suit filed against certain TFT-LCD manufacturers concerning allegations that the defendant manufacturers and their co-conspirators conspired to fix prices, limit production, and manipulate supply of TFT-LCD panels, all of which had the effect of artificially increasing and stabilizing prices for TFT-LCD panels and products.

• Becton, Dickinson and Company. Representation of Becton, Dickinson and Company, a medical supply manufacturer, in litigation brought by a competitor alleging monopolization and attempted monopolization claims.

• Agrium. Defended Agrium against classes of direct and indirect purchasers of potash, in Potash Antitrust Litigation (No. II), in the Northern District of Illinois.

• San Francisco Newspaper Printing Company, Inc. et al. Representation of all defendants (the Hearst Corporation, San Francisco Examiner, San Francisco Chronicle, and the San Francisco Newspaper Printing Company) in a major antitrust trial against Pacific Sun Publishing Company. The three-month trial resulted in a defense verdict.

• Lockheed Martin. Lead trial counsel for Lockheed Martin Corporation in defending a suit brought by L-3 Communications alleging antitrust violations and tortious interference with contracts and prospective contracts, including claims for more than $400 million in damages. The matter was settled favorably for our client.