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Antitrust

Boies, Schiller & Flexner LLP has a highly successful and sophisticated antitrust practice.  We excel in the defense and prosecution of complex, high-stakes antitrust cases, and the defense of antitrust and competition-related government investigations. Our practice is both national and international in scope and spans a broad range of industries.  Among our partners are the former lead trial attorney for the United States in United States v. Microsoft; a former Deputy Assistant Attorney General in the Antitrust Division and the former lead attorney for the United States in United States v. AT&T.  Richard Feinstein recently re-joined the Firm from the Federal Trade Commission, where he served as its Director of the Bureau of Competition and was responsible for the agency’s enforcement program across a broad spectrum of industries. Rich had also  previously served as an FTC Assistant Director, and as a trial lawyer and supervisor at both the FTC and in the Antitrust Division of the Department of Justice.  

Our partners have been lead trial counsel, or co-lead trial counsel, in some of the most important antitrust cases in history, including:  United States v. Microsoft; United States v. AT&T; United States v. IBM; United States v. Northwest Airlines and Continental Airlines; United States v. ADM and RJR Nabisco; In re Vitamins Antitrust Litigation; In re Auction Houses Antitrust Litigation; California Computer Products v. IBM; Square D Co. v. Niagara Frontier Tariff Bureau; and In re Scrap Metal Litigation .

This experience reflects cutting-edge antitrust actions. Boies, Schiller & Flexner became a pioneer in plaintiffs' side international price fixing cases when we brought the first antitrust lawsuits against certain Chinese manufacturers for conspiring to fix the prices of Vitamin C and Magnesite sold in the United States. We won several summary judgment motions, each affirmed on appeal, for a company alleged to have violated federal antitrust laws through its retail merchandising and wholesale distribution policies.  Damages sought ranged from $85 million to more than $1 billion.  The Firm also obtained in excess of $4 billion for its client American Express in its lawsuit against Visa and MasterCard.

Representing the attorney general on behalf of the State of Mississippi, the firm successfully sued Microsoft for overcharging the state and its consumers for computer software. The case was settled in 2009 for $55 million plus discounts on future purchases of computer hardware and software; this was by far the largest cash settlement Microsoft paid in any of several dozen indirect purchaser actions brought under state antitrust laws.

Our partners have substantial experience in defending mergers, acquisitions and joint ventures before antitrust enforcement agencies at the state and federal level including, when necessary, at trial.  These representations reflect a record of success, including: defending acquisitions of airlines and airline assets, including take-off and landing slots and route authorities; defending Northwest Airlines in an action by the Department of Justice to enjoin Northwest’s joint venture with, and acquisition of majority voting rights in, Continental Airlines; defending Delta Air Lines’ in its merger with Northwest Airlines and in Delta’s separate agreement with US Airways to exchange take-off and landing slots at Reagan National Airport and La Guardia; defending Southwestern Bell in its  acquisitions of Pacific Telesis, Ameritech and AT&T; defending Archer Daniels Midland against a Justice Department suit to  unravel ADMs’ acquisition of RJR Nabisco’s corn wet milling business; defending United Technologies in connection with its engine joint venture with Rolls-Royce; defending Georgia-Pacific in connection with the purchase of a competitor’s gypsum wallboard business; and defending Universal Music Group in connection with its acquisition of EMI Music.

Our partners also have extensive experience in the healthcare industry, by among other things, representing health care insurers, providers and pharmaceutical companies in connection with health care mergers and acquisitions, antitrust litigation, government investigations and antitrust counseling.  BSF is currently serving as lead counsel in a class action case challenging the territorial restrictions and MFNs used by Blue Cross entities across the country.

In addition to its depth of experience in defending and prosecuting matters on the civil side of antitrust enforcement, the Firm’s partners have defended corporations and senior corporate officers facing criminal prosecution in a broad variety of industries including: transportation; telecommunications; securities; metals manufacturing and distribution; synthetic and refinish materials; chemicals; commodities trading; and consumer electronics.