Antitrust

Burr & Forman's antitrust team is experienced in representing both corporations and individuals in federal and state antitrust matters. This includes grand jury investigations, trials and appeals in federal and state courts, including the United States Supreme Court and Federal Trade Commission proceedings.

Burr represents both defendants and plaintiffs in private treble damage litigation, including the defense of one of the first nationwide antitrust class actions that was tried to conclusion. Our attorneys are involved in both pricing and distribution actions and in dealership and agency termination lawsuits throughout the country.

In addition to litigation matters and agency proceedings, the team regularly counsels clients on various trade and antitrust issues related to the sale of our client's products and services, including advising on pricing and distribution matters, trade association activities, advertising, and other antitrust compliance issues.

Burr also advises clients on competition matters in merger and acquisition settings and prepares numerous Hart-Scott-Rodino premerger notification filings in conjunction with these transactions.

Experience includes:

• Representation of numerous State realtor associations in the nationwide Antitrust Action relating to real estate commissions.
• Ongoing representation of numerous MLS/realtor associations not covered by nationwide Antitrust settlement regarding real estate commissions.
• Representation of nationwide linen provider in numerous matters alleging Antitrust tying and predatory violations related to direct and ancillary pricing and other services.
• Retained by multiple State Attorneys General to prosecute RICO and UDAP claims against fraudulent internet debt collectors. Prevailed in jury trials leading to over $300 million in verdicts and over $100 million recovered.
• Obtained complete defense verdict in 24-day jury trial in which a Fortune 10 company faced RICO and State UDAP allegations and over $1 billion was sought by plaintiffs.
• Represented a leading global manufacturer and supplier of medical technology solutions in a multi-million dollar Antitrust case brought against a virtual surgery products vendor, regarding an illegal combination with a competing medical technology company which would have resulted in a monopoly over virtually-planned surgical procedures in the US and these procedures no longer being available in several parts of the country.
• Served as lead counsel in successful prosecution of multi-million dollar Antitrust conspiracy case involving the development of competing outlet mall centers.
• Represented a corrugated packaging company as plaintiff in Antitrust litigation involving rail freight fuel surcharges.
• Defending a municipal utility provider against tying claims under the Sherman and Clayton Acts and in navigating the ability to assert state immunity to Antitrust claims.