Gibbons enjoys a nationwide reputation as one of the premier firms in antitrust litigation. Our long, multi-faceted history of antitrust litigation dates back to the firm’s 20-year role in the alleged Japanese electronics cartel case, which was ultimately resolved in our client’s favor in the landmark United States Supreme Court decision, Matsushita Electric Industrial Co. v. Zenith Radio Grp. Our experience with multi-party price fixing cases, together with single-firm monopolization allegations, has continued to this day. In addition, on a daily basis, we provide counseling to numerous clients involving antitrust, sales and distribution, franchise, and professional association matters.
Areas of Focus
Securities Industry Antitrust
The firm’s corresponding experience in securities litigation was put to use in our representation of a major NASDAQ market maker in connection with the Department of Justice and Securities and Exchange Commission (SEC) investigations of alleged price fixing on the NASDAQ stock market. In addition to resolving the dual government investigations, we also represented our client in the related, private class action litigation and extricated our client through an early, favorable settlement before the remaining industry members settled for far greater amounts. In another matter involving the financial markets, we successfully represented a national prime lending bank in connection with a putative class action alleging a price-fixing conspiracy among several major banking institutions to fix the prime rate.
Pharmaceutical and Healthcare Antitrust
Not surprisingly, given the firm’s headquarters in the nation’s pharmaceutical hub, Gibbons has had particularly extensive experience in the antitrust challenges facing the pharmaceutical and healthcare industries. This experience includes matters involving the often controversial settlement of patent infringement claims between brand name and generic drug manufacturers under the Hatch-Waxman Act. In addition, in another area involving the intersection of cutting-edge antitrust issues and the pharmaceutical industry, the firm successfully represented a major pharmaceutical manufacturer against antitrust allegations arising out of the practice of “bundled rebates,” achieving both the denial of a requested preliminary injunction and the dismissal of a related class action. Other recent Gibbons antitrust litigation in this arena has included cases involving the denial of hospital privileges to a physician, as well as medical device litigation.
In addition to our extensive experience in civil antitrust investigations and litigation, the members of the firm’s Criminal Defense Department have considerable experience representing both individuals and companies in the defense of criminal antitrust investigations and prosecutions, as well as assisting in-house counsel with internal investigations.
Dominant Firm Behavior
The firm’s antitrust litigation experience has not been limited to defense. For example, Gibbons attorneys recently successfully represented a new market entrant both in litigation and in dealings with the Federal Trade Commission in a case involving allegations that the dominant firm in the industry was excluding new rivals from the market’s established chain of distribution.
Antitrust Class Actions
Many of the firm’s antitrust representations arise in the context of private class actions. The firm is well positioned to handle these matters by building litigation teams that include both the firm’s experienced antitrust lawyers and attorneys who focus their energies on the defense of class actions of every description.