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 Tech Data Corporation and other 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, one of the world's largest distributors of technology products, services, and solutions, in the prosecution of claims against the major worldwide manufacturers of cathode-ray tubes (CRTs), the predecessor technology to LCD displays. The Bilzin Sumberg Antitrust team alleges that the CRT manufacturers conspired to raise prices and control production capacity of CRTs in violation of Section 1 of the Sherman Act, resulting in our client being unlawfully overcharged for products containing CRTs purchased over a 12-year period. Tech Data’s case, in which it is seeking damages of over $140 million, is currently pending in the United States District Court for the Northern District of California as part of a nationwide MDL. Our team has played a significant role in shaping the course of this MDL litigation, including developing evidence regarding certain conspirators that nearly doubled the size of our client's claim.
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 major opt-out plaintiffs in the prosecution of federal antitrust price fixing claims against the major world-wide manufacturers of aluminum, tantalum, and film capacitors. The Bilzin Sumberg Antitrust team alleged that the capacitor manufacturers participated in a global conspiracy lasting nearly two decades in which they fixed prices and allocated the market for aluminum, tantalum, and film capacitors. Our team is seeking damages on behalf of our clients based on the purchase of several billion dollars' worth of capacitors.
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.
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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