Antitrust


From providing sophisticated strategic advice in connection with mergers and acquisitions, joint ventures and other strategic alliances to representing both plaintiffs and defendants in antitrust investigations and litigation, Waller Lansden has extensive experience in the full range of antitrust law.  Our antitrust team includes lawyers recognized by Chambers USA and The Best Lawyers in America, several former Assistant U.S. Attorneys and Tennessee’s most recent former State Attorney General.

Waller Lansden lawyers are regularly engaged in the prosecution and defense of complex civil litigation that sometimes accompanies government investigations, including antitrust claims of monopolization, illegal boycotts, restraint of trade, the improper acquisition, licensing and protection of intellectual property, tying and price fixing, among others.  As a consequence, our attorneys have extensive experience representing clients before competition authorities, including the Department of Justice, the Federal Trade Commission (FTC) and State Attorneys General.

Our Antitrust related services include:
  • Prosecution and Defense of Antitrust Litigation
  • Unfair Competition Litigation
  • National and International Arbitration
  • Acquisition and Licensing of Intellectual Property
  • Intellectual Property Litigation
  • Appearances Before Competition Authorities
  • Managing Civil Litigation, Including E-Discovery
  • Prosecuting Plaintiff Antitrust Litigation
  • Advice on Corporate Compliance and Strategic Alliances
Waller Lansden’s most recent antitrust experience includes:
  • Representation as co-lead counsel in six different antitrust class actions in the highly regulated dairy industry.  These actions, arising out of various state Attorneys General investigations as well as a Department of Justice investigation, include claims of an illegal conspiracy among various defendants to monopolize and monopsonize the production and marketing Grade A milk in the southeastern United States.
  • Investigation of alleged antirust violations of merging competitors.  Our client, a competitor in the industry, engaged us to investigate possible anti-competitive conduct of the merging competitors and to report our findings to various state Attorneys General.
  • Representation as lead counsel on behalf of one of 18 defendants in a class action antitrust case involving the natural gas industry.  Plaintiffs in that case are seeking hundreds of millions of dollars in damage claims arising out of alleged false reporting of trades and the participation of “wash trades” in violation of the Tennessee Trade Practices Act, Tennessee’s antitrust statute.
  • The successful resolution of an antitrust action against a competitor involving monopolization and improper use of an essential facility in the aviation industry.  As plaintiff’s counsel, we secured a significant financial recovery for our client as well as terms that ensured an open market.
  • Representation as lead counsel in defense of an antitrust action in Utah involving allegations both by competitors and the FTC of monopolization and improper use of intellectual property in the use of electronic payment systems in the transportation industry.
  • Representation of a publicly traded healthcare services provider in a $560 million acquisition.
  • Representation of a privately held consumer products manufacturing company in the $160 million acquisition of a chief competitor.
  • Representation of an international insurance holding company in its sale of its U.S. wholesale brokerage division.
  • Representation of an automobile manufacturer in the significant divestiture of its transportation and logistics subsidiary based in Tennessee with international operations.