Antitrust & Competition

The Bilzin Sumberg Antitrust Group was named a finalist for the National Law Journal’s 2016 Elite Trial Lawyers report in the Antitrust category, one of only five firms nationwide, and was previously awarded the national "Antitrust Firm of the Year-South" by Benchmark Litigation in 2013. Actions involving unfair competition, price fixing, trade infractions or monopolization can implicate the full array of federal, state and international antitrust and competition laws. Whether as a plaintiff, defendant, or subject of a criminal or regulatory governmental investigation, a company dealing with these issues requires sophisticated litigation experience to navigate this extremely complicated and specialized area of the law. 

Bilzin Sumberg's Antitrust Team represents both plaintiffs and defendants in all matters involving the federal and state antitrust laws. Our representation generally begins well before litigation commences, and continues through trial and all levels of appeal. We also represent clients who are the subjects of Department of Justice, Federal Trade Commission and State Regulatory investigations.

EXPERIENCE

"They are absolutely outstanding in terms of their knowledge of the antitrust field and ability to translate that into practical work on cases."

- Chambers USA 2015
EXPERIENCE
Prosecution of claims of major opt-out plaintiffs in the precedent setting LCD price fixing antitrust litigation. Actions filed throughout the country became part of a nationwide Multi-District Litigation (MDL) before the United States District Court for the Northern District of California that was one of the largest antitrust cases in United States history. We alleged that LCD manufacturers conspired to raise prices and control production capacity of LCD panels in violation of Section 1 of the Sherman Act. By successfully raising factual and legal issues for the first time in the MDL, including legal arguments that have never been made before in any antitrust case, we produced extraordinary results. Our clients recovered in excess of $300 million, which represents over 200% of the clients' single damages and more than five times the recovery achieved by the class.
EXPERIENCE
Representation of Tech Data Corporation in the prosecution of claims of major opt-out plaintiffs against worldwide manufacturers of cathode-ray tubes (CRTs), the predecessor technology to flat-panel displays. The actions, part of a nationwide MDL pending in the United States District Court for the Northern District of California, allege that the CRT manufacturers conspired to raise prices and control production capacity of LCD panels in violation of Section 1 of the Sherman Act, causing our clients to be overcharged over a 12-year period. Our team has played a significant role in shaping the course of this MDL litigation and has dramatically expanded the scope of the MDL plaintiffs’ claims.
EXPERIENCE
Defense of well-known basketball player and joint venture partners against allegations that the marketing of sports memorabilia bearing his name and/or likeness violated the Sherman Act. Our team argued that the client alone controlled his Right of Publicity. The issues in the case raised profound ramifications for the marketing of virtually all celebrity-endorsed memorabilia, and developments in the case were often reported in legal trade journals. The original complaint was dismissed by the court and a second motion to dismiss was pending before the court when the action was favorably settled.
EXPERIENCE
Representation of manufacturer and distributor of volatile chemicals in connection with a Federal Trade Commission investigation of its client's sale of its regional business to a competitor. The FTC's investigation was predicated on its contention that the sale and non-competition agreement, was tantamount to a market allocation agreement in violation of Section 1 of the Sherman Act and Section 7 of the Clayton Act. The matter was settled without imposition of any penalties or sanctions against the client.
EXPERIENCE
Prosecuted the claims of an electronic distributor against the major world-wide manufacturers of dynamic random access memory ("DRAM") computer chips for violation of the federal antitrust laws. Bilzin Sumberg brought suit to recover damages the client incurred as a result of the DRAM manufacturers' participation in a price-fixing conspiracy. The action, which was pending in the United States District Court for the Northern District of California, alleged violations of Section 1 of the Sherman Act. Our team alleged that during the period of the price-fixing conspiracy, DRAM suppliers conspired to control production capacity, raise prices or slow their decline, allocate customers, and otherwise unlawfully overcharge their DRAM customers, which caused the electronics distributor damages in excess of $100 million. Our team negotiated settlements with all of the defendants named in the Complaint, and allowed our client to achieve one of the highest percentage recoveries of all the class and opt-out plaintiffs in the MDL. The recovery that Bilzin Sumberg was able to recover for its client is particularly noteworthy given that it did not pursue claims against its primary supplier of DRAM - which accounted for over 95% of its DRAM purchases.
INSIGHTS

In 2016, Bilzin Sumberg was selected as one of only five law firms nationally, as a finalist for the National Law Journal's Elite Trial Lawyers in the Antitrust category.

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