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Antitrust and Unfair Competition

Overview

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.

Experience

Successfully represented plaintiff medical practice in litigation alleging violation of Sherman Act through an orchestrated group boycott by insurer. (U.S.D.C., S.D.N.Y.)

Represented plaintiff restaurant franchise in claim alleging unlawful restraint of trade under Section 1 of the Sherman Act. (Supreme Court of N.Y., Rockland County)

Successfully represented retail store asserting counterclaim under Florida Antitrust Act of 1980 and Section 1 of the Sherman Act, alleging horizontal price fixing scheme in which mall owner purchased distressed stores and lowered their rent. (Circuit Court Of The Seventeenth Judicial Circuit In And For Broward County, Florida)

Successfully represented Danfoss defendants in obtaining dismissal of claims alleging price-fixing in violation of Section 1 of the Sherman Act. (U.S.D.C., E.D. Mich.)

Representation of Korean defendants in the landmark ADM criminal antitrust action alleging a price fixing conspiracy and ensuing federal and state treble damage class actions.

Represented Defendant, Hickory Springs Manufacturing Co., in a price fixing and allocation of customer case: two class actions involving direct and indirect plaintiffs, along with opt out plaintiffs.

Represented party in administrative proceedings regarding proposed transaction challenged by the Federal Trade Commission and the Attorney General of Pennsylvania. (FTC Docket No. 9353)

Successfully represented company harmed by merger to monopoly, in discovery and at administrative hearing before the Federal Trade Commission. (FTC Docket No. 9327)

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. (U.S.D.C., M.D. Pa.)

Successfully represented plaintiff asserting Sherman Act Section 1 claim and Lanham Act Section 1125 claim. (U.S.D.C., E.D. Pa.)

Representation of 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.

Represented retailer of baby products in individual and treble damage class actions alleging conspiracies and monopolization in violation of the Sherman Act.

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.

Represented defendants in grand jury investigations and treble damage class actions alleging price fixing and customer allocations in violation of the Sherman Act.

Represented a premier coupon processing and promotion company in a false advertising case under the Lanham Act.

Represented Tyco Toys in a $1 billion transaction by Mattel Toys, which was approved by the U.S. Federal Trade Commission after clearing a Second Request.

Publications

Appealing An Interlocutory Order On Insurer Duty To Defend

Law360 / February 26, 2025

The FTC’s Noncompete Rule Is Likely Dead

New York Law Journal / February 10, 2025

The FTC’s Noncompete Rule Is Likely Dead

The Legal Intelligencer / January 10, 2025

Noncompete Law in Flux—What to Do in the Meantime?

The Legal Intelligencer / October 3, 2024

Texas Federal Judge Halts FTC’s Pending Noncompete Ban

Employment Law Insider Alert / August 23, 2024

As Federal Antitrust Regulators Try to Rein in Big Tech, One Court Finds Google Is a Monopolist

The Legal Intelligencer / August 19, 2024

FTC Bans Noncompetes Nationwide in Most Instances

Anderson Kill Employment Law Insider Alert / May 2, 2024

Movement Led By The FTC Chair To Rein In Big Tech May Impact Businesses, Consumers

The Legal Intelligencer / October 19, 2022

An Important Case For Both Wall Street And Amateur Sports

Law360 / August 3, 2016

CORPORATIONS TAKE NOTE: THE FTAIA MAY BAR YOU FROM SUING FOR A PURCHASE MADE BY YOUR FOREIGN SUBSIDIARY

Commercial Litigation Advisor & Alert / November 19, 2015

Leveling The Playing Field – Goodbye To The Health Insurance Antitrust Exemption

MarketWatch / June 14, 2010

The Credit Suisse Decision And U.S. Financial Markets

Competition Policy International / July 31, 2007

Extra-Territorial Reach Of U.S. Antitrust Laws To Foreign Firms

New York Law Journal / June 13, 2006

VIOLATORS BEWARE: IMPORTANT CHANGES TO ANTITRUST LAWS

Commercial Litigation Advisor & Alert / November 1, 2004

News

Anderson Kill Names Litigation Vet As Antitrust Co-Leader

March 13, 2024

People

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Jeffrey E. Glen

Of Counsel , New York

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Lawrence Kill

Of Counsel , New York

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Jason Kosek

Shareholder , New York

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Keith A. Lazere

Shareholder , New York

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Neil C. Schur

Shareholder , Philadelphia

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Key Contact(s)
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Lawrence Kill
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Neil C. Schur
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