.hidden: {display:none;}; .visible: {display:block;}; Antitrust Litigation - The Law Firm of Faegre Baker Daniels

Antitrust Litigation

We litigate Sherman Act Section 1 cases involving price fixing, market allocation, dealer termination and vertical restraints; and Section 2 cases involving monopolization and attempted monopolization claims, as well as proceedings related to other federal and state statutes. We defend parties in antitrust-related criminal proceedings, often in conjunction with civil litigation, including multidistrict litigation, and represent clients in multiparty class action litigation. We use our expertise in advisory opinion and business review processes to help clients successfully petition agencies for antitrust relief. Our team includes many seasoned veterans with a deep knowledge and understanding of all aspects of litigation up to and including trial.

Litigation Issues

  • Antitrust compliance
  • Monopolization and attempted monopolization
  • Price fixing
  • Price discrimination
  • Defamation and unfair trade practices
  • Consumer fraud
  • Group boycott
  • Market allocation
  • Dealer termination
  • Federal and state statutes
  • Exclusionary conduct
  • Vertical restraints

Litigation Experience

Our lawyers have successfully litigated antitrust cases brought by the federal government, business competitors, customers and consumers. We have represented multinational corporations, financial institutions, and health care, manufacturing and retail industries. We also have complex litigation experience including cases on behalf of policy holders in insurance recovery claims litigation.

  • Represented clients in multidistrict litigation involving allegations of price fixing in the concrete, shell egg, cathode ray tube, automotive insurance, household goods moving, prescription drug and movie distribution industries
  • Defended both companies and individuals in Department of Justices and Federal Trade Commission antitrust investigations including price fixing, bid rigging and attempted monopolization
  • Defended airline ticket distributor against breach of contract and antitrust claims
  • Defended nationwide class action under New Jersey Consumer Fraud Act relating to the pricing and marketing of pesticide products
  • Represented new entrant in novelty cone and ice cream sandwich wafer markets against incumbent supplier, alleging monopolization through exclusive dealing and tying
  • Successfully argued for the affirmance of a district court's Rule 12 dismissal of competitor's monopolization and attempted monopolization claims
  • Defended national retailer against multimillion dollar defamation and unfair trade practices claims asserted by vendor
  • Defended real estate brokerage exclusive listing program against claims of monopolization and breach of contract
  • Defended internet realty firm's claims of group boycott against multiple listing service
  • Represented trade association in defense of federal and state antitrust claims
  • Represented gardening equipment distributor in defense of alleged group boycott claim
  • Represented pharmacy benefit manager in defense of alleged group boycott claim
  • Represented insurer in defense of antitrust and RICO violations with respect to automotive repair programs


Richard A. Duncan, Minneapolis
+1 612 766 8612
Kathy L. Osborn, Indianapolis
+1 317 237 8261

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