Antitrust

Overview

DWT's nationwide Antitrust and Competition practice seamlessly integrates with our industry-based focus to enable us to provide top-tier representation in the full range of antitrust issues—including compliance and counseling, strategic transactions advice, state and federal litigation and appeals, and representation before state and federal enforcement agencies. Our team includes former federal antitrust enforcers and experienced litigators and counselors, giving us the knowledge, skillset, and experience to credibly, effectively, and efficiently provide clients with the highest level of representation in high-stakes matters. As recognized thought leaders, our insights are often cited in the media, and we are routinely called upon to publish articles and appear on panels addressing cutting-edge issues. In an era of heightened antitrust enforcement and increased litigation in the U.S. and globally, clients count on us for their most important matters.

Antitrust Litigation

When the stakes are high and reputations are on the line, clients turn to DWT to vigorously represent them in hard-fought antitrust litigation. Our experience runs the gamut, including price fixing, monopolization, no-poach agreements, group boycotts, refusals to deal, aftermarket parts, market allocation, tying/bundling, exclusive dealing, and unfair and deceptive trade practices. We focus on the factual and expert issues early in the case to position our clients for success. Our national practice enables us to represent clients in federal and state courts throughout the country in all types of litigation, from multidistrict consumer class actions to single plaintiff/single defendant actions. Our antitrust litigators also represent clients as targets or third parties that are involved in government investigations and are adept at responding and negotiating with the state and federal antitrust enforcement agencies.

Strategic Transactions and Merger Clearance

Our antitrust team provides practical advice drawn from our insider's understanding of how the government investigates and litigates merger cases. We regularly counsel clients from deal inception through merger clearance or enforcement litigation. Our Hart-Scott-Rodino (HSR) attorneys navigate the pre-merger obligations under federal law as well as the growing number of states that have mini-HSR filing requirements. Taking a highly proactive approach to merger analysis by identifying and addressing potential antitrust issues, we fully prepare clients for what has become an increasingly in-depth and contentious merger review process before the Federal Trade Commission, Department of Justice, and state attorneys general. Our proven track record of obtaining federal and/or state antitrust clearance for our clients' transactions is bolstered by our credible ability to litigate against the government, if necessary.

Counseling and Compliance

We are trusted advisors to clients spanning a wide array of industries who rely on us to provide counseling and compliance. By working closely with our clients to fully understand their strategic business plans and goals, we devise creative solutions to accomplish their objectives within the bounds of the law. Analyzing matters through the lens of experienced litigators and former government enforcement attorneys allows us to provide sound legal advice consistent with current enforcement policies.

Antitrust Litigation

Gibson v. National Association of Realtors / Batton v. National Association of Realtors

Defending major brokerage firms against claims of price fixing via participation in National Association of Realtors' rules concerning broker compensation. (2024)

Hogan v. Amazon.com, Inc.

Won dismissal of indirect purchasers' tying class action claims against Amazon's online marketplace at the pleading stage under the Illinois Brick rule. Decision available at Hogan v. Amazon.com, Inc., 2023 WL 3018866 (W.D. Wash. Apr. 20, 2023).

In re Student Housing Antitrust Litigation

Defended housing provider accused of price fixing student housing units via algorithmic pricing. Obtained complete dismissal of all claims. (2023)

Scharpf, et al. v. General Dynamics Corp., et al.

Defended defense contractor accused of entering no-poach agreement. Successfully moved to dismiss all claims. (E.D. Va. 2024)

PLS.com v. National Association of Realtors

Represented online network service in challenge to trade association's conspiracy to exclude competition. Defeated motion to dismiss on appeal in PLS.com LLC v. National Association of Realtors, 32 F. 4th 824 (9th Cir. 2022), securing unqualified unanimous opinion validating the merits of our claims, leading to favorable settlement.

Circuitlife, LLC v. Percussionaire Corp.

Successfully represented plaintiff in antitrust litigation against ventilator manufacturer for abuse of monopoly power in ventilator manufacturer parts. (2022)

McLaren St. Luke's Hospital v. ProMedica Health System, Inc.

Successfully obtained complete defense victory on appeal in nine-figure monopolization and restraint of trade litigation for a vertically integrated nonprofit healthcare provider against a competitor's refusal-to-deal allegations, resulting in a precedent-setting published decision of the Sixth Circuit, St. Luke's Hospital v. ProMedica Health System, Inc., 8 F.4th 479 (6th Cir. 2021), vacating the lower court's injunction.

In re Capacitors Antitrust Litigation

Defended and helped reach settlement for client Shizuki Electric Co. Inc. in class action alleging price fixing of electrical components. (N.D. Cal. 2020)

Carlin, et al. v. DairyAmerica, Inc., et al.

Defended and helped reach favorable settlement for client DairyAmerica in a class action against claims of unfair business practices, fraud, and negligence based on alleged misreporting of information to the federal government. The 9th Circuit dismissed an appeal by an objector to the settlement. (E.D. Cal., 9th Cir. 2020)

Wahidullah Medical Corp. v. St. Joseph Hospital of Eureka, et al.

Defended St. Joseph Health with respect to antitrust (group boycott, monopolize, and conspiracy), false advertising, unfair competition, and tortious interference claims. Obtained favorable settlement. (N.D. Cal. 2019)

Strategic Transactions and Merger Clearance

Hart Scott Rodino premerger clearances

Obtained numerous Hart Scott Rodino premerger clearances from the U.S. Department of Justice and Federal Trade Commission for acquisitions or mergers involving cable television companies, Internet access businesses, movie rental companies, and others.

State attorneys general investigations

Successfully resolved confidential civil investigative proceedings brought by state attorneys general into clients' alleged anticompetitive conduct in e-commerce, entertainment, and sports.

Complex healthcare joint venture reorganization

Lead antitrust counsel to health system in connection with HSR-reportable reorganization of complex healthcare joint venture investigated by state and federal antitrust enforcers. (2022)

Acquisition of Virginia Mason by CommonSpirit

Co-lead antitrust counsel to Virginia Mason in connection with successful clearance by FTC and Washington AG of its acquisition by CommonSpirit Health. (2021)

Huntington Memorial Hospital affiliation with Cedars-Sinai Health System

Co-lead antitrust counsel to Huntington Memorial Hospital in successful clearance by FTC and California AG of client's acquisition by Cedars-Sinai. (2020)

Response to FTC investigation regarding healthcare joint venture

Antitrust counsel to large healthcare organization in California investigation by state and federal antitrust enforcers regarding joint operating company with another healthcare organization. (2019)

Counseling and Compliance

Antitrust counseling

Advising media, entertainment, and technology clients on licensing and distribution agreements, as well as joint venture formation, to ensure compliance with antitrust rules.

Antitrust counsel for multiple major communications companies

Regularly advise numerous companies regarding structuring and operation of joint buying, distribution, development, and standard setting activities, interlocking directorates, and other issues concerning compliance with U.S. antitrust laws. (Ongoing)

Antitrust counseling for healthcare clients

Providing antitrust counseling to healthcare clients in transactions, operations, investigations, and disputes. Manage antitrust compliance programs, merger investigations, and other antitrust issues that arise for healthcare providers. (Ongoing)