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Antitrust, Trade Regulation, and Advisory Work

Thompson & Knight attorneys advise clients and litigate on nearly all aspects of the Sherman Act, Clayton Act, Robinson-Patman Act, Federal Trade Commission Act, and Texas Free Enterprise and Antitrust Act as well as in such related areas as non competition covenants, trade secrets, business torts, and advertising and social media law. We take pride in having tried many antitrust and merger cases, including highly significant disputes, in federal and state courts and before the Federal Trade Commission.

Overview

Thompson & Knight is consistently ranked as one of the top antitrust and trade regulation law firms. We take pride in having tried many antitrust and merger cases, including highly significant disputes, in federal and state courts and before the Federal Trade Commission. Thompson & Knight attorneys advise clients and litigate on nearly all aspects of the Sherman Act, Clayton Act, Robinson-Patman Act, Federal Trade Commission Act, and Texas Free Enterprise and Antitrust Act as well as in such related areas as non competition covenants, trade secrets, business torts, and advertising and social media law. Our attorneys serve as counsel in industry-wide antitrust and trade regulation class actions and represent targets in grand jury, administrative, and industry self-regulation investigations. We provide antitrust advice with respect to mergers, acquisitions, joint ventures, distributor arrangements, and trade associations, as well as trade-regulation advice with respect to advertising—including packaging, labeling, marketing and distribution campaigns and materials—and use of websites and social media.

Our attorneys have chaired professional groups focusing on antitrust and business litigation, including the Antitrust Sections of the State Bar of Texas and the Dallas Bar Association. Our attorneys also serve in leadership roles in the American Bar Association’s Section of Antitrust law and the Federal Bar Association Antitrust Section, and they are frequent authors and speakers on antitrust and advertising law issues.

Received a top national ranking for Litigation-Antitrust in U.S. News - Best Lawyers® “Best Law Firms” 2019

Named among the top four firms in Texas for Antitrust Law in Chambers USA 2019 by Chambers and Partners

More TK attorneys selected for inclusion in The Best Lawyers in America® 2019 in Antitrust Law than any other firm in Texas

Experience

  • Represented an iron products manufacturer in an adjudicatory proceeding before the Federal Trade Commission involving price-fixing allegations
  • Represented an electronic chemicals company in a lawsuit involving claims of monopolization, attempted monopolization, and conspiracy to monopolize the market
  • Represented an insurance company in defense of claims under Texas antitrust laws for an alleged price-fixing and bid-rigging conspiracy
  • Represented a food product manufacturer in an alleged class action regarding treatment of independent distributors, resulting in dismissal of the case
  • Represented an iron products manufacturer in multiple class action lawsuits in New Jersey involving an alleged price-fixing conspiracy
  • Represent a retail food provider in putative nationwide and statewide consumer class actions challenging food product labels
  • Represented a publicly traded REIT in a lawsuit involving claims for antitrust violations, tortious interference, misappropriation of trade secrets, and conspiracy
  • Represented a food product manufacturer in multiple alleged nationwide and statewide class actions related to false and misleading advertising for various products
  • Represented a state-owned oil company in defense of allegations of international conspiracy to fix and stabilize world oil prices
  • Represented an international steel company in a case in the United States District Court for the Southern District of Texas where the Plaintiff asserted conspiracy to boycott claims under the federal antitrust laws and Texas state law in the steel industry
  • Represented a large drilling company and several of its subsidiaries and affiliates in a multi-defendant class action lawsuit in Houston that alleged a conspiracy among offshore drillers to fix the wages and benefits paid to their offshore workers; while most of the other defendants settled early, we contested class certification and were able to obtain a satisfactory settlement for our client
  • Represented a large steel company and its affiliates in international class action litigation alleging a worldwide conspiracy among graphite electrode manufacturers to fix the price and allocate the volume of graphite electrodes sold in the U.S. and elsewhere; recommended that our client opt out of the class action and, due to our litigation strategy and negotiation tactics, obtained the largest proportional settlements anywhere in the country
  • Tried and won an antitrust case brought against our client, the nation’s leading manufacturer of tortillas, concerning charges that it had monopolized shelf space through the use of slotting allowances
  • Represented a group of physicians against the FTC’s allegations that our client violated section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45; adjudicated proceeding before an Administrative Law Judge for the FTC, and the first time a doctor group has gone to trial with the FTC in approximately 20 years
  • Represented the lead defendant in the Charitable Gift Annuity Antitrust class action lawsuit, which alleged price fixing among many of the nation’s charities; as liaison counsel for the defendants, we shepherded legislation through Congress and the Texas Legislature that forced the plaintiffs to dismiss the case without any settlement payment by our client
  • Secured dismissal of several class-action lawsuits against a major airline involving expired travel credits, reward program, and cancelled flights
  • Representing a hospital in a lawsuit alleging violation of antitrust laws through engagement in a group boycott, entering into exclusive-dealing arrangements, and monopolizing or attempting to monopolize an unspecified health care market
  • Advised a software and hardware solutions provide on U.S. antitrust aspects of proposed merger transactions; continue to provide advice on antitrust issues in the combined operations, and specifically related to distribution
  • Advise manufacturing companies on the antitrust aspects of proposed merger or acquisition transactions and operations
  • Represented a hospital in a lawsuit against an insurance provider, including claims for both conspiracy to restrain trade and monopolization and attempted monopolization under the Texas Free Enterprise and Antitrust Act