Antitrust

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Briggs and Morgan’s antitrust attorneys have years of experience counseling clients and litigating cases across a wide spectrum of antitrust issues. A significant portion of our antitrust practice focuses on advising and counseling clients on antitrust issues ranging from small, general questions to detailed analysis of strategic, competitive plans.

What we provide is practical, fact specific advice on how to tailor actions designed to achieve specific business results with minimal antitrust risk. We advise and counsel businesses on how to minimize antitrust risk related to distribution and help them comply with comprehensive antitrust laws. Our Practice Group provides antitrust counseling and compliance services to clients in areas such as bundled rebate, loyalty discount plans and other incentive plans, Robinson Patman Act/price discrimination, competitor relations, trade associations, minimum advertised price (MAP) and resale price maintenance issues, vertical price and non-price restraints, joint ventures and other competitor collaborations, mergers, and compliance with a variety of state and federal antitrust statutes. We are fortunate to represent some very successful clients, and thus have developed a good deal of experience counseling clients on how to avoid Section 2 exposure. We conduct antitrust audits for a variety of businesses and associations, providing strategic counsel on legal and regulatory developments in the United States and selected foreign countries. Attorneys in our Practice Group have advised and represented clients in Hart-Scott-Rodino Act compliance efforts and merger inquiries by the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice. We also provide representation for antitrust investigations at both the state and federal level.

In addition to counseling, our Practice Group has skilled trial lawyers with considerable experience in pursuing, and defending against, multifaceted antitrust claims. We have attorneys who actively have tried antitrust cases to juries, not just “litigated” them. We have extensive specific experience in sales force raiding cases and Section 2 cases in general: Briggs has defended three major Section 2 sales force raiding cases. Briggs has defended a number of class action price fixing cases and investigations, as well as handled a variety of other antitrust litigation. We have tried and litigated antitrust cases in federal courts across the country. This litigation experience and background provides our clients with seasoned advocates in the courtroom as to antitrust claims and defenses.

Representative Matters

  • Lead trial counsel for a defendant in the last major antitrust action heard in the District Court of Minnesota.
  • Obtained summary judgment dismissing Section 2 antitrust claims based upon an alleged sales force raiding in case venued in Federal Court, Southern District of Texas.
  • Co-tried two-week jury trial of Section 2 Sherman Act sales force raiding case, prevailing on Rule 50(b) Motion affirmed by Fifth Circuit. Taylor v. Jostens, 216 F.3d 465 (5th Cir. 2000).
  • Defended Section 2 Sherman Act sales force raiding case and other alleged predatory acts in case venued in Federal Court, Southern District of Florida.
  • Represented foreign manufacturer in connection with a three year Department of Justice Antitrust Division investigation that resulted in no action by the Division.
  • Represented acquired entity in FTC merger investigation that was not challenged by the FTC. 
  • Extensive experience counseling on a wide variety of antitrust issues, including: joint ventures; exclusive dealing contracts; potential anticompetitive impact of proposed mergers and Hart Scott Rodino compliance; agreements between competitors affecting price; vertical price restraints after Leegin; antitrust compliance by trade associations; and Noerr Pennington protected actions by competitors.
  • Extensive experience providing antitrust counseling on Robinson Patman Act compliance issues.
  • Extensive experience providing antitrust counseling on wide variety of Section 2 Sherman Act issues, including bundled rebate plans, loyalty rebates, potential predatory pricing issues, other potential predatory conduct and risk of finding of dangerous probability of success of monopolization.