Few firms in Minnesota or the Midwest offer as much experience as Briggs and Morgan in litigating cases under Section 2 of the Sherman Antitrust Act or under state and federal regulations in general. In the last several years, Briggs has defended three major Section 2 sales force raiding cases, a number of price-fixing cases, as well as other cases regarding Sections 1 and 2 of the Sherman Antitrust Act across the nation. Our attorneys have represented clients in state and federal antitrust investigations, as well as in joint ventures and mergers.
Among our attorneys practicing in this area include a former Federal Trade Commission (FTC) attorney, a former chief of the Minnesota attorney general's office antitrust division, and a fellow of the American College of Trial Lawyers who is also a nationally noted lecturer on antitrust.
All Briggs and Morgan litigators representing clients in antitrust and unfair competition disputes have broad experience in civil actions, largely, though not exclusively, from the defense perspective. Our extensive experience includes litigation over claims involving price fixing, price discrimination (Robinson-Patman Act), monopoly, refusal to deal, trade secrets, manufacturer-dealer distribution disputes, dealer termination, and good faith or fair dealing.
Briggs' representative antitrust litigation has included:
Defending prominent distributor of commemorative merchandise against claims of predatory hiring practices involving its sales force;
Defending medical device manufacturer against a $100-million antitrust claim;
Defending a manufacturer of tile adhesives in vertical resale price maintenance claim;
Representing a European manufacturer in DOJ investigation of joint venture;
Representing regional dairy through 8th Circuit Court of Appeals level in successful effort to defeat a class action by milk retailers alleging price fixing;
Satisfactorily resolving a lawsuit filed by a state attorney general, charging price fixing by a large regional dairy.
A primary component of Briggs' antitrust practice is antitrust counseling for a number of clients. Our attorneys counsel on topics ranging from bundled rebate plans and other incentive plans, minimum advertised price and resale price maintenance issues and constraints, vertical price and non-price restraints, joint ventures, mergers, Hart-Scott-Rodino compliance, price discrimination and the Robinson-Patman Act, and a variety of state statutes, as well as joint ventures and mergers. Briggs attorneys advise clients on specific proposed actions, as well as provide more generalized antitrust training and compliance policies.