Dorsey helps businesses successfully manage antitrust risk while achieving strategic business goals.
Dorsey’s Antitrust and Competition Law practice combines broad experience in complex corporate transactions with a sophisticated litigation and counseling practice. More than 20 Dorsey lawyers provide creative and practical advice concerning all forms of competition law, including foreign, U.S. and state competition laws, across many industries.
We represent clients in a full range of antitrust litigation, including private class actions, criminal and administrative investigations, and government civil enforcement actions. We counsel clients in complex compliance and transactional matters, including joint purchasing activities, franchising, distribution planning, trade association activities, pricing practices, consumer protection, standards development, intellectual property issues, joint ventures, merger analysis, and Hart-Scott-Rodino Act issues and filings.
With offices in the United States and abroad, Dorsey offers a multi-jurisdictional footprint for local, national, and international clients. In addition to U.S. federal and state antitrust and competition issues, Dorsey has an active European Community competition law practice, involving American and European counsel, together with a substantial international trade and arbitration practice. Dorsey has represented a number of non-U.S. clients in U.S. antitrust investigations, disputes, and trials. Dorsey has also advised non-U.S. clients on ways to do business in the United States while minimizing antitrust risks.
Dorsey Lawyers have a wide range of industry-specific antitrust experience — including airline, automotive, banking, electricity, food and agribusiness, gaming, health care, home security, life sciences, oil and gas, sports, telecommunications and electronics, and waste removal. Our industry knowledge enables us to provide clients with practical ways to minimize antitrust exposure and resolve antitrust disputes under state and federal law, and if necessary prevail at trial.
- Land O’Lakes Acquires Vermont Creamery
- Key players combine in significant transaction for payments industry
- Murphy USA continues strategic sales of non-core businesses
- Land O’Lakes merging with United Suppliers to create stronger company
- Beijing-based Ninebot completes strategic acquisition of Segway
Merger Investigations, Pre-Merger Notification, and Non-Merger Investigations
- We represented Liberty Latin America Ltd. in its $1.95 billion acquisition of AT&T Inc.’s mobile wireless and business wireline businesses in Puerto Rico and the U.S. Virgin Islands, including the related DOJ investigation and Second Request. We negotiated a consent order, and the parties closed the acquisition.
- We represented Robert Bosch GmbH in a $1 billion acquisition from SPX Corporation and related FTC investigation, Second Request and negotiated a consent order.
- We represented RightNow Technologies Inc. in its $1.5 billion acquisition by Oracle and related DOJ investigation and Second Request. The investigation concluded without any conditions on the proposed acquisition.
- We represented ADC Telecommunications in U.S., European, and Chinese merger control filings in its acquisition by Tyco Electronics. The parties obtained clearances in all jurisdictions where they were required to file.
- We regularly represent clients in nonpublic U.S. merger-related investigations. For example, Dorsey has helped clients respond to informal information requests from the Federal Trade Commission or U.S. Department of Justice, resulting in closed investigations without extension of the waiting period or changes to the proposed transactions.
Dorsey lawyers have tried antitrust cases to jury verdict including two four-month jury trials. Dorsey lawyers also have extensive experience with antitrust class actions and resolving antitrust and competition disputes through different types of settlements. Representative litigation includes:
- Spinner Consulting LLC v. Bankruptcy Management Solutions, Inc., 2020 U.S. App. LEXIS 65 (3d Cir., Jan. 3, 2020), aff'g 2019 U.S. Dist. LEXIS 98577 (D. N.J., Jun. 12, 2019) (counsel for defendant, the largest provider of software services to Chapter 7 trustees, in dismissing plaintiff's class action complaint alleging price-fixing under §1 of the Sherman Act).
- McGarry & McGarry, LLC v. Bankruptcy Management Solutions, Inc., 2018 U.S. Dist. LEXIS 110264; 2018 WL 3218659 (N.D. Ill., July 2, 2018), aff'd, 2019 U.S. App. LEXIS 26764; 2019 WL 4197546 (7th Cir., Sep. 5, 2019); 2017 U.S. Dist. LEXIS 93133; 2017-1 Trade Cas. (CCH) P 80,029; 2017 WL 2619143 (N.D. Ill., Jun. 16, 2017) (counsel for defendant, the largest provider of software services to Chapter 7 trustees, in dismissing plaintiff’s class action complaints alleging claims under §1 of the Sherman Act and 740 ILCS 10/3, the Illinois Antitrust Act price-fixing provision).
- We represented a defendant ski lift gate manufacturer on appeal from the dismissal with prejudice of antitrust claims alleging refusals to deal and tying. The U.S. Court of Appeals for the Second Circuit affirmed the dismissal of all claims, with costs.
- We represented a defendant in consolidated litigation involving two nationwide class actions and fifteen individual lawsuits brought by California and New York municipalities alleging bid rigging, price fixing, and other conspiratorial acts in the municipal bonds market in violation of Section 1 of the Sherman Act, and in the individual cases, violations of the California Cartwright Act and New York's Donnelly Act.
- We represented Fair Isaac in an antitrust putative class action in the Western District of Pennsylvania alleging restraint of the availability of consumer loans and conspiracy to inflate and fix loan prices. Fair Isaac’s motion to dismiss all claims alleged in the complaint was granted.
- We represented BabyBjorn AB in two consolidated antitrust cases alleging vertical resale price maintenance between Babies“R”Us and certain baby product manufacturers/distributors. One case was brought by two internet retailers, the other as a consumer class action.
- We represented an individual in an antitrust investigation into bid-rigging of government contracts involving the Department of Army, the Department of Defense, and the Department of Justice, resulting in the Antitrust Division’s declined prosecution.
- We represented a corporate-officer defendant in a criminal investigation and prosecution involving the Packaged Ice Antitrust Litigation.
Antitrust/Advertising/Competition-Law Counseling (U.S. and Europe)
- We have reviewed exclusivity agreements, rebates and pricing programs, loyalty and discount programs, distribution agreements, license agreements, and other contracts for antitrust considerations.
- We have reviewed pricing policies for compliance with Robinson-Patman (price discrimination), resale price maintenance rules, and other antitrust laws.
- We regularly advise on the scope and applicability of Articles 81 or 82 (the EC’s main competition provisions).
Joint Purchasing Antitrust Experience
- We regularly advise purchasing, marketing, and supply cooperatives on antitrust compliance.
- We have represented purchasing cooperatives in seeking or determining whether to seek business review letters from the U.S. Department of Justice.
- We regularly advise agricultural marketing cooperatives on compliance with the Capper-Volstead Act (which provides an antitrust exemption for agricultural cooperatives).
- We have advised standards development organizations and participants on compliance with antitrust and competition laws.
- We represented a standards development organization in obtaining favorable Business Review Letters from the U.S. Department of Justice on updates to the organization’s patent policy.
Industries & Practices
- Franchise & Distribution Law
- Government Solutions & Investigations
- Mergers & Acquisitions
- Patent Prosecution, Portfolio Strategy & Management