Antitrust disputes have profound impacts on businesses, consumers, workers, and patients. The stakes are high. A company with dominant market power can squeeze another company out of existence or threaten the health care of those who need it most. And those ensnared in defensive litigation face the possibility of treble damage awards, civil or criminal penalties, injunctions and, in extreme cases, prison. Whether bringing suit to challenge a monopolist or defending against allegations of anticompetitive conduct in federal or state courts, these complex matters call for skilled, trial-ready counsel.
The Zuckerman Spaeder team, including a former Counsel to the Assistant Attorney General of the Department of Justice’s Antitrust Division, brings both private practice experience and the lens of enforcers to bringing and defending against multimillion dollar antitrust claims and widespread criminal and civil enforcement matters. We have represented companies, class members, and individual defendants in criminal and civil matters involving allegations of price fixing, illegal horizontal restraints, collusive agreements, and other instances of anticompetitive conduct across a range of industries, including health care, financial services, technology, securities, and gaming among others. We have also successfully defended individuals and companies in civil enforcement actions brought by the Federal Trade Commission and in investigations into alleged anticompetitive conduct brought by DOJ’s Antitrust Division. Our attorneys can also provide strategic and business advise to companies regarding the antitrust considerations implicated by potential mergers, including crafting a persuasive presentation to the government.
Antitrust matters play to the firm’s core strength—the ability to develop and present compelling case theories based on complex fact patterns and sophisticated damage models. This skill gives us the best opportunity to succeed for our clients at trial, on appeal, in settlement discussions, or in response to civil or criminal investigations.