Patterson Belknap represents clients in antitrust litigation and counseling matters, including those related to pricing, marketing, distribution, franchising, and mergers and acquisitions. The firm has particular experience in antitrust litigation involving product distribution and pricing, safety codes and other standard-setting activities, and IP/antitrust issues such as alleged misuse of patents.
Our team includes William F. Cavanaugh, Jr., who returned to the firm after serving as Deputy Assistant Attorney General of the United States for Civil Enforcement in the Antitrust Division of the Department of Justice. During his time in Washington, Mr. Cavanaugh directly supervised the Division’s work on a number of high-profile matters, including the Google Book Search settlement agreement and the Ticketmaster and Live Nation merger. Prior to his term in Washington, he served as national and trial counsel in several large multiparty antitrust and fraud litigations in federal and state courts across the United States, representing major pharmaceutical, medical device, and financial services companies.
We have defended large corporations and professional associations in a number of major antitrust cases, including two argued in the United States Supreme Court. In addition, Patterson Belknap has represented clients before the Department of Justice, Federal Trade Commission and various other federal and state administrative agencies. The firm is also active in civil antitrust litigation in federal and state courts. In antitrust counseling, as in other areas, Patterson Belknap stresses efficient staffing and cost-effective legal representation.
Some significant cases include:
- Successfully secured the dismissal of a multi-million dollar federal antitrust lawsuit against our client, a major pharmaceutical manufacturer. The Third Circuit Court of Appeals dismissed all antitrust claims against our client on the grounds that the plaintiff did not have the antitrust injury that is necessary for antitrust standing under Sections 1 and 2 of the Sherman Act.
- Defending one of the major financial guaranty insurance companies in a series of antitrust claims brought by municipal bond issuers. In two separate groups of cases, the municipalities allege wide-ranging conspiracies among insurers and others in both the sale of bond insurance and in the sale of municipal bond derivatives.
- Representing a major financial institution in an antitrust lawsuit brought by another financial services company. In this follow-on suit to a Department of Justice case, the plaintiff sought damages for injuries allegedly suffered as a result of certain credit card rules. The plaintiff also joined numerous banks, including our client, alleging that they conspired to exclude the plaintiff from the bank-issuing card market. The case subsequently settled.
- Advising a publisher in defense of a government investigation into licensing practices in the delivery of financial data.
- Defending a major pharmaceutical company in federal multidistrict class and individual actions, and state class actions, arising from allegedly anti-competitive pricing in the brand name prescription pharmaceutical market.
- Defending the nation's largest publisher of magazines in a nationwide class action alleging a conspiracy among publishers to restrain discounting of magazine subscriptions.
- Defending a major pharmaceutical company against claims by generic drug manufacturers and classes of consumers alleging illegal exclusion of generic competition through abuse of patent rights.
- Defending before the FTC a health care company's right to acquire a contraceptive business in the face of antitrust objections.
- Handling an antitrust appeal before United States Supreme Court in the Sharp Electronics case on vertical restraint issues relating to the marketing of electronic equipment.
- Representing a professional society in the United States Supreme Court and lower court against charges of antitrust violations, which stemmed from allegedly anti-competitive manipulation of its safety code program.
- Representing a major pharmaceutical company in an action brought by a generic drug manufacturer alleging anti-competitive conduct in the distribution of pharmaceutical products.
- Representing a consumer products company in challenging as a restraint of trade an agreement restricting its use of a famous trademark.
- Defending an antitrust suit against a health care concern that acquired a medical device, allegedly to drive the acquiree out of business.
- Representing a joint venture of two major media companies seeking to prohibit a competitor on antitrust grounds from acquiring a cable network.
- Advising corporate clients on the antitrust implications of grants of distribution rights, relations between manufacturers and their distributors, tie-ins and consumer, wholesale pricing.