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Antitrust

  • Representing an electronics component manufacturing company in a class action alleging a global price-fixing conspiracy against many of the world’s largest technology manufacturers. Our client is among the world’s largest manufacturers of the product in question; and this case sets important potential precedents in the areas of the Foreign Trade Antitrust Improvements Act (FTAIA), class certification, and the extent of reach of cartel behaviour.
  • Served as antitrust counsel for one of the nation’s leading hospital and physicians networks since its formation in 1994, including continued counsel on its network development and merger actions.
  • Serve as antitrust counsel for a leading American movie theater chain and their multichannel video programming distributor program networks in the US and worldwide.
  • Provide ongoing antitrust and Robinson-Patman Act advice to America’s largest furniture retailer and the largest manufacturer of American-made furniture.
  • Represented the country’s leading telehealth provider in its acquisition of a competing provider of telehealth services to doctors, hospitals, health systems, and patients.
  • Represented a leading provider of genetic testing for hereditary disease in its acquisition of a competing provider of genetic testing services.
  • Represented major cable television providers and major programming networks in connection with a high-profile merger proceeding before the Department of Justice and state attorneys general.
  • Represented one of the nation’s leading hospital and physicians networks in connection with its acquisitions of three community hospitals and a large physician group.
  • Served as lead counsel for a major telecommunications carrier in multidistrict litigation involving 20 separate antitrust class action suits that were consolidated into a single MDL. The suits alleged that the cable industry’s practice of leasing set-top boxes to customers who also purchase cable television services constitutes an illegal tying arrangement under the antitrust laws.
  • Represented a cable company in the first successful FTC clearance of the acquisition of an overbuilt cable system.
  • Represented one of the largest American retail pharmacies in the antitrust aspects of its $2.7 billion acquisition of an American drugstore chain.
  • Represented an energy company in a FTC investigation of its $1.1 billion acquisition of a financial interest in another energy company.
  • Represented one of the nation’s premier pharmacy chains in its $27 billion acquisition of a “big three” pharmacy benefits manager.
  • Represented the regional council for a construction trade union in connection with a lawsuit brought by other trade unions alleging that provisions in the defendant’s collective bargaining agreements governing subcontracting of work within the defendant’s claimed trade jurisdiction result in an illegal restraint of trade in violation of the Sherman Act.
  • Represented one of the nation’s leading hospital and physicians network in parallel DOJ Antitrust Division and State Attorney General investigations.
  • Represented a leading provider of sample and assay technologies in the antitrust aspects of its $1.5 billion acquisition of another life sciences company.
  • Represented a cable network in a dispute against an Internet programming distributor. The two companies had an agreement that allowed the distributor to carry the cable network under certain circumstances. The cable network terminated for breach of the terms. The Internet programming distributor sued under Section 1 of the Sherman Act.
  • Obtained an order denying certification of a national class in an MDL antitrust class action involving 20 cases consolidated from around the country alleging an illegal tying arrangement in connection with the offering of set top boxes and premium cable services.
  • Served as antitrust counsel for a leading provider of sample and assay technologies, and are currently involved in counseling and representing the company in merger and acquisition activities.
  • Served as lead counsel for an American telecom company in a purported nationwide antitrust class action. The suit alleged that the cable operator’s practice of leasing set-top boxes to customers who also purchase cable television services constitutes an illegal antitrust tie.
  • Served as antitrust counsel for a hospital in its merger with another medical center.
  • Represented a pharmaceutical company in an antitrust alleged pay-for-delay class action.
  • Served as antitrust counsel to one of the largest American retail pharmacies. Our team represented the corporation in its transactions, litigation, and other matters before both state and federal antitrust authorities.
  • Represented a major master limited partnership (MLP) in the oil and gas industry before the FTC in connection with its successful $1.3 billion sale of midstream assets to a large midstream MLP.
  • Represented a market leading producer and distributor of environmentally-safe household products in its acquisition by another transnational consumer goods company.
  • Represented an American retail and pharmacy chain in an antitrust class action alleging unfair restriction for participation in a Rhode Island pharmacy network. We obtained summary judgment for the defendants, which was affirmed on appeal.
  • Provided antitrust advice to one of the country's largest operators of medical groups and physician networks regarding a joint venture with a large regional health system.
Case Study
Mintz is leading a NYSE company’s defense in US criminal price-fixing cartel investigations and a US class action with nearly two dozen codefendants. Mintz is also coordinating with non-US counsel on related foreign actions regarding the alleged international cartel.
Case Study
Mintz guided a Fortune 50 corporation through a joint investigation by the Federal Trade Commission’s Bureau of Competition and Bureau of Consumer Protection that included civil investigative demands and hearings. The corporation’s merger was preserved, and none of its actions was challenged.
Case Study
Mintz led a heavily negotiated settlement that enabled a large health care system to acquire a hospital and physician group. The joint Department of Justice, state Attorney General, and state agency investigation included a “second request” in accordance with the Hart-Scott-Rodino (HSR) Act.