Antitrust and Unfair Competition


Anderson Kill's attorneys have represented both plaintiffs and defendants in a wide variety of well-known civil cases, including class actions seeking treble damages and injunctive relief under federal and state antitrust laws. Anderson Kill's depth and experience in defending large scale private antitrust class actions includes its extensive experience with respect to class certification issues, and its involvement in multidistrict litigation. Typical of Anderson Kill's experience in this area is its successful representation of a major telecommunications carrier in litigations alleging tying and conspiracies to deter competition.  See, e.g., 2003-2 Trade Cases, para 74, 133 (S.D.N.Y. 2003); 385 F.Supp.2d 403 (S.D.N.Y. 2005); 238 F.R.D. 130 (S.D.N.Y. 2006). In defending these litigations, Anderson Kill regularly works with well-known established economists to provide their expertise as to critical issues such as relevant market, harm to competition and damages.

The firm also has extensive experience in every phase of criminal antitrust prosecution including representation of companies and individuals in grand jury investigations, indictments and trial.  Our experience is exemplified by our participation on behalf of Korean defendants in the Landmark ADM private treble damage, civil and criminal conspiracy litigations. See In Re Amino Lysine Antitrust Litigation, MDL No. 1083, C.A. No. 95 C 7679 (N.D. Ill.); U.S. v. Ajinomoto Co., Criminal No. 96-CR-00520 (N.D. Ill.).  We are also experienced in responding to search warrants and dawn raids and have successfully utilized the Antitrust Division's leniency/amnesty program resulting in the avoidance of prosecution of our clients.

Since the antitrust laws play an important role in every aspect of a firm's domestic or international business, our antitrust group works closely with clients to maximize their competitiveness in the real world without running afoul of the antitrust laws.  Our ability to counsel clients effectively is enhanced by our familiarity with current Governmental practices and policies and decisions issued by state and federal courts.  Our firm's experience enables it to counsel clients on a wide range of commercial matters potentially raising antitrust concerns, including competitor relations, supplier, customer or dealer relationships and terminations, refusals to deal, tying arrangements, reciprocity, marketing plans or policies, acquisitions and mergers, joint ventures, franchising, research and development, trade associations, licensing and regulatory compliance, including Hart-Scott-Rodino filings. The use of trained paralegals and sophisticated data and document maintenance and retrieval programs enables the firm to provide its antitrust compliance and litigation services in a cost-effective and efficient manner.  Our mission is to provide clients with advice to enable them to avoid exposure to liability under the antitrust laws and, if necessary, to provide the required litigation skills as effectively and efficient as possible