Antitrust and Unfair Competition


Antitrust and Unfair Competition

Anderson Kill has litigated many aspects of antitrust and unfair competition in both trial and appellate court and before the Federal Trade Commission.  Our lawyers have successfully assisted clients in resolving a wide variety of antitrust issues related to price and non-price restraints, mergers and acquisitions, distribution of products or services, and disputes with competitors, customers and suppliers.  They have represented clients in connection with claims under Sections 1 and 2 of the Sherman Act, price discrimination claims under the Robinson-Patman Act, unfair competition, and false and misleading advertising and promotion claims under the Lanham Act, as well as in antitrust grand jury investigations and criminal antitrust prosecutions.

Anderson Kill’s antitrust lawyers also provide practical and thoughtful counseling regarding antitrust and competition matters, counseling clients on pricing policies--including minimum advertised price (MAP) policies, resale price maintenance (RPM) policies, and Colgate policies--and evaluating the antitrust risks of proposed business transactions.  They also provide antitrust compliance training and prepare compliance policies for clients.

Our lawyers also represent clients in unfair competition matters, including cases alleging misappropriation of trade secrets, violations of non-competition agreements, unfair competition, and/or use of similar trade names, trademarks and service marks.

Representative Matters

  • Reading Hospital System’s Proposed Acquisition of Surgical institute of Reading. Represented party in administrative proceedings regarding proposed transaction challenged by the Federal Trade Commission and the Attorney General of Pennsylvania.
  • In the Matter of Polypore Int’l, Inc., FTC Docket No. 9327.  Represented company harmed by merger to monopoly, in discovery and at administrative hearing before the Federal Trade Commission.
  • Santana Products, Inc. v. Bobrick Washroom Equipment, Inc. (M.D. Pa.).  Successfully represented  defendant against Sherman Act and Lanham Act claims in trial and appellate court, and in successfully opposing a petition for writ of certiorari in the U.S. Supreme Court.  
  • Peerless Heater Co. v. Mestek, Inc. Successfully represented plaintiff asserting Sherman Act Section 1 claim and Lanham Act Section 1125 claim.
  • In Re Amino Acid Lysine Antitrust Litigation. Represented Korean defendants in the landmark ADM criminal antitrust action alleging a price fixing conspiracy and ensuing federal and state treble damage class actions.
  • In Re Wireless Telephone Services Litigation. Represented a national wireless provider in treble damage class actions alleging unlawful tying and monopolization in violation of the Sherman Act. Summary judgment granted in favor of defendants.
  • In Re Baby Products Litigation. Represented retailer of baby products in individual and treble damage class actions alleging conspiracies and monopolization in violation of the Sherman Act.
  • Freeland v. Sprint, et al. Represented defendant wireless telephone service provider in treble damage class action alleging conspiracy in violation of the Sherman Act. Class certification denied and case dismissed.
  • In Re Linens Antitrust Litigation. Represented defendants in grand jury investigations and treble damage class actions alleging price fixing and customer allocations in violation of the Sherman Act.
  • International Data, LLC v. NCH NuWorld Marketing Limited, Inc. Represented a premier coupon processing and promotion company in a false advertising case under the Lanham Act.