Reflecting the growing trend towards class-action litigation, broader interpretations of the reach and scope of antitrust and competition laws and an increased emphasis on enforcement by both federal and state antitrust enforcement agencies, clients have become increasingly sensitive to the notion that routine business activities might become the subject of state or federal antitrust litigation.  While these risks can be managed and minimized by timely and proactive client counseling in most instances, it remains that many businesses will face antitrust claims of some sort in litigation as they execute basic business strategies.  At Ropes & Gray, we provide our clients with effective representation in both private antitrust litigation and government enforcement proceedings conducted at both the state and federal levels.  Please click here to learn more about our general Antitrust Practice.

Practice Focus Areas

Antitrust Litigation with the Government

Clients in any field face the prospect of increased government enforcement of antitrust and competition laws by federal and state agencies.  Federal and state agencies are increasingly using subpoenas, civil investigative demands, and voluntary requests for compliance to aid in their investigations and enforcement activities. We not only represent clients who are the targets of investigations, but also clients who are non-targeted industry members, competitors, or customers in investigations and claims under the Sherman and Clayton Acts, Federal Trade Commission Act as well as the "baby" state FTC Acts, such as Massachusetts Gen. L. Chapter 93A, New York's Donnelly Act, and California's Cartwright Act, Unfair Competition Act, and Unfair Practices Act.   We assist clients in maximizing results or minimizing the burdens of compliance by negotiating and advocating with the investigating agencies.

Even when clients are well-represented at the investigative stages, the government may nonetheless initiate litigation to achieve some antitrust policy objective.  Ropes & Gray lawyers have substantial experience representing clients in litigation brought by both state and federal antitrust enforcement authorities both in court and before administrative officers and tribunals.  At the state level, Ropes & Gray has worked with attorney general offices from across the nation.   At the federal level, our lawyers have defended clients in actions brought by the Justice Department’s Antitrust Division as well as the Federal Trade Commission.  At all levels, Ropes & Gray litigators are experienced in simultaneously handling public and private litigation relating to the same client, matter and/or cluster of issues.

Occasionally, antitrust concerns at the state or federal level can translate into criminal antitrust charges that require careful and specialized handling.  Ropes & Gray’s government enforcement and white-collar criminal specialists can quickly and effectively respond to these kinds of charges without regard to whether criminal liability is asserted against the company or any individual officer, director or employee thereof.  Please click here to learn more about our Government Enforcement Practice.

Private Antitrust Litigation

The extraordinary growth in class action litigation has brought with it an increased proclivity on the part of plaintiffs’ counsel to include antitrust claims in virtually any significant class action cases.  Moreover, expanded notions of what constitutes actionable antitrust offenses have increased the use of the federal and state antitrust laws as leverage in business relations with competitors, suppliers and/or distributors.  In addition, antitrust-related claims and defenses are raised strategically in patent infringement litigation and litigation in the high technology and financial services industry. Together, these trends translate into a significant likelihood that clients will encounter antitrust issues in high-stakes business litigation, including claims challenging long-standing business practices which have not been traditionally viewed as unlawful.

At Ropes & Gray, our litigation team has the ability and training to respond to private antitrust litigation quickly and efficiently.  Our antitrust experts are well-versed in both the existing law as well as trends in antitrust theories and litigation techniques.  Ropes & Gray lawyers have also accumulated substantial experience in handling class action and multi-district litigation in both serving as a national litigation coordinator as well as participating as but a part of a national litigation team.

Finally, while litigation goes forward in the courts and before administrative tribunals, effective client representation in the context of litigation must also take into account the public relations and legislative aspects of antitrust defense work.  In Washington, our Government Affairs practice can provide clients with legislative support services to help insure that both elected and appointed federal officials are provided with a complete and accurate representation of the client’s position and that media inquiries are handled in an effective and responsible fashion.  

How We Help Our Clients

• We won a jury verdict for one of the largest companies in the waste disposal industry and its subsidiaries, accused of unlawfully tying waste disposal to waste transportation.
• We won an appeal case for a member of a large trade institute charged with restraining trade through improper pricing and certification and other unlawful trade practices.
• We have favorably resolved many cases on behalf of Ben & Jerry’s, including proving that a competing manufacturer of super-premium ice cream had imposed unlawful restraints on its distributors and had attempted to monopolize the market, and also defended against claims of unfair and deceptive trade practices by distributors and other industry participants.
• We obtained a judgment which dismissed a complaint after a trial on damage issues on behalf of a major computer company which was a codefendant in an action challenging operating system software standard activities under federal and state antitrust and unfair competition laws.
• We successfully defended a major banking institution against multiple government and private actions involving claims of, inter alia, unfair trade practices under Chapter 93A in connection with its mortgage lending operations.
• We are currently defending multiple major pharmaceutical companies in multiple actions against claims of unfair competition in connection with the sale of pharmaceuticals and claims of unfair competition in connection with the settlement of patent litigation. 

Contact

For further information on this area of practice, please contact: 

• William L. Patton 

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