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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

MOVEMENT LED BY THE FTC CHAIR TO REIN IN BIG TECH MAY IMPACT BUSINESSES, CONSUMERS
  • The Legal Intelligencer
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AN IMPORTANT CASE FOR BOTH WALL STREET AND AMATEUR SPORTS
  • Law360
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CORPORATIONS TAKE NOTE: THE FTAIA MAY BAR YOU FROM SUING FOR A PURCHASE MADE BY YOUR FOREIGN SUBSIDIARY
  • Commercial Litigation Advisor & Alert
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LEVELING THE PLAYING FIELD – GOODBYE TO THE HEALTH INSURANCE ANTITRUST EXEMPTION
  • MarketWatch
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THE CREDIT SUISSE DECISION AND U.S. FINANCIAL MARKETS
  • Competition Policy International
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EXTRA-TERRITORIAL REACH OF U.S. ANTITRUST LAWS TO FOREIGN FIRMS
  • New York Law Journal
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VIOLATORS BEWARE: IMPORTANT CHANGES TO ANTITRUST LAWS
  • Commercial Litigation Advisor & Alert
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News

Anderson Kill Names Neil C. Schur Co-Chair of the Firm’s Antitrust and Unfair Competition Group
  • March 13, 2024
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People

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Cameron R. Argetsinger

Shareholder , Washington, DC

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Carrie Maylor DiCanio

Office Managing Shareholder , Denver

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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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Neil C. Schur

Shareholder , Philadelphia

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Keith A. Lazere

Shareholder , New York

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Jason Kosek

Attorney , New York

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Key Contact(s)
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Lawrence Kill
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Neil C. Schur
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© Copyright 2024 by Anderson Kill P.C.