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Antitrust and Unfair Competition

Spencer Fane Litigation and Dispute Resolution attorneys represent businesses that have a stake in the freedom of trade and market competition, either as plaintiff or defendant, in antitrust and unfair competition cases, to help their businesses operate unimpeded.

The firm draws on its deep background in investigations to help clients achieve their desired outcomes. Matters of antitrust or unfair competition require skilled investigations, both factual and legal, that help inform successful litigation strategies. This includes researching the market related to the product or service in question, with insight from Spencer Fane attorneys across a variety of disciplines who can weigh in with specific industry knowledge. This also allows us to leverage a vast network of expert witnesses on behalf of our clients.

As with any litigation, our attorneys focus on key issues and deploy appropriate resources where they will be most effective.

We represent businesses providing both products and services. Our experience includes issues such as price-fixing arrangements, market allocation schemes, group boycotts, predatory pricing, monopolization, unfair competition, transfer pricing issues, and consumer protection. We deal with the Federal Trade Commission (FTC), the United States Department of Justice’s (DOJ) Antitrust Division, and the antitrust departments of many state attorneys general. Our attorneys handle the full spectrum of competition law, including the Sherman Act, the Clayton Act, the Federal Trade Commission Act, and the Robinson-Patman Act. In concert with the firm’s Corporate and Business Transactions practice, Spencer Fane also handles issues and counsel related to pre-merger notification clearance under the Hart-Scott-Rodino Act.

Representative Experience

  • Successfully defended national roofing product manufacturer against allegations of price fixing and anti-competitive behavior by a roofing contractor.
  • Provided counsel to multiple companies under investigation for criminal antitrust (Sherman Act) violations in vertical and horizontal price fixing situations.
  • Obtained a full defense verdict for a health care facility after a two-week jury trial on a Kansas Restraint of Trade Act claim.
  • Represented an energy client in a tight sands case that reached the U.S. Supreme Court, resulting in a victory reaffirmation of the Illinois Brick doctrine of Federal antitrust standing. The ultimate settlement in that case was more than $400 million.