ANTITRUST

We represent plaintiffs and defendants in antitrust and other trade practice litigation, including follow-on litigation to governmental investigations or criminal pleas, unfair trade practice litigation, and merger challenges. We have also been extensively involved in defending massive class action litigation and have unparalleled experience in multi-jurisdictional litigation. Our antitrust litigation practice has recently been recognized as among the top tier in the nation by U.S. News & World Reports.

We have broad and consistent experience with appeals in the federal court system and before the U.S. Supreme Court. Over the years, our lawyers have written numerous amicus briefs to the U.S. Supreme Court on pending antitrust and jurisdictional questions on behalf of various clients and governments.

Our clients rely on us to defend them against investigations by the relevant governmental antitrust agencies (the U.S. Department of Justice, the Federal Trade Commission, state Attorneys General), and we take creative approaches in doing so to increase the chances that our clients avoid further action against them by the government.

Being smaller and more focused than many other antitrust firms, we have fewer conflicts and hence are often also called on to bring potential issues to the attention of government antitrust agencies and, in doing so, help develop facts and legal theories to support further enforcement action. For example, we were intricately involved for complainants in the U.S. Department of Justice’s investigation of (and lawsuit against) Microsoft as well as involved in key developmental activities in the cartel area and the pharmaceutical, newspaper, agricultural and financial services industries.

Baker & Miller’s focus on competition law and our unleveraged approach to the practice of law generally makes us well-suited to assist clients with compliance programs and day-to-day counseling needs. Clients often turn to us with questions on pricing, marketing programs, distribution agreements and practices, intellectual property licenses, and joint venture creation and operating rules. We also advise on strategic options that may be available to respond to actions by competitors.

Baker & Miller has defended corporate clients involved in several of the largest cartel matters, including the global investigations of the auto parts industry, air cargo, synthetic rubber and vitamins. Our extensive experience with both the U.S. Department of Justice and global antitrust authorities makes us particularly well suited to protect aggressively our clients’ interests in the increasingly globally coordinated investigations and prosecutions.

Such matters are extremely time sensitive and carry large risks to our clients and their employees. As a regular advocate before the investigating agencies, we have established credibility that allows us to “get to the bottom of things” quickly and position the client, and its employees, as favorably as possible in the ongoing investigation. We also recognize the risks of follow-on private litigation and the care that must be taken to foresee and address the litigation issues that are most likely to arise from each investigation.

Baker & Miller’s merger and acquisition practice covers all aspects of the antitrust review of such transactions, from advising on and filing any required premerger filings under the Hart-Scott-Rodino Act through to defending the client through the investigatory process through to resolution, through negotiation of a “fix it first” resolution or a consent decree, or even litigation, if necessary.

We have also been engaged to oppose numerous transactions before federal, state, or international agencies or before the courts. These include filing a case on behalf of citizens group and then joining with the Hawaii Attorney General in obtaining a preliminary injunction to prevent Gannett from achieving a daily newspaper monopoly in Hawaii.

Our experience spans virtually every industry, from banking, grocery products, telecommunications, hospitals, to the defense industry.

As editors and authors of the leading treatise on the international antitrust review of acquisitions, we are often engaged where a deep knowledge of the multi-jurisdictional requirements, and access to a broad network of highly capable attorneys in relevant jurisdictions, are required.

Arbitration has become an increasingly important way of resolving antitrust disputes ever since the Supreme Court authorized such proceedings in 1985. Our lawyers have been actively involved in arbitrations of antitrust disputes ever since then—as arbitrators or counsel. There is a lot of room for innovation and flexibility in this arena. Recently one of our partners was selected to be the non-public arbitrator for a cost allocation dispute among a group of major public companies engaged a large joint litigation effort.