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Capabilities / Antitrust Litigation

Antitrust Litigation

Integrating litigation strategy with a business-centric focus on achieving client objectives.

When businesses find themselves at risk of government investigation, enforcement actions, or private antitrust claims because of corporate growth, expansion, or reorganization, Husch Blackwell is a trusted advisor. Our preventive counseling helps clients steer around potential obstacles posed by complex federal statutes. When court action is unavoidable, we design strategic approaches to defeat antitrust claims and keep clients’ businesses moving forward.

Our team has proven success defending businesses in antitrust litigation and unfair competition law cases involving the Clayton Antitrust Act of 1914, monopolization, price discrimination, the Racketeer Influenced and Corrupt Organizations Act (RICO), the Sherman Act, trade regulation, and vertical resale restrictions.

Representative Experience

  • Defended a Fortune 500 company against antitrust and breach of contract claims. After several years, numerous motions and hearings, and lengthy discovery, the case was resolved very favorably for the client. The exact terms of the resolution are confidential.
  • Represented a Fortune 500 company in a complex case involving a myriad of antitrust, intellectual property, tort, and contract issues. Jury entered verdict on all seven counts in favor of client, and Court in post-trial motions awarded client $7 million in sanctions against plaintiff.
  • Represented plaintiff in an antitrust matter. The Court rejected defendant's attempts to revive patent misuse defense and antitrust counterclaim and defendant's challenge to the reasonable royalty determined by the district court and upheld jury award of $375,000 as supported by evidence.
  • Secured a complete victory for the chief medical officer of a public hospital in a case alleging federal and state constitutional deprivations, antitrust violations, breach of contract, procurement of breach, and interference with existing and prospective business relationships and conspiracy.
  • Represented First Tower Loan in a suit that alleged that, in violation of the Telephone Consumer Protection Act (TCPA), First Tower had used an automatic telephone dialing system to call borrowers’ cellphones. We convinced the plaintiff to voluntarily dismiss the case with prejudice, achieving complete victory for First Tower Loan without incurring the substantial cost of prolonged TCPA litigation.
  • Successfully represented national association of surgical nurses with 42,000 members in antitrust litigation under Sections 1 and 2 of the Sherman Act and obtained dismissal of both claims.
News Releases | September 30, 2019
Husch Blackwell Adds Six Litigators to Phoenix Office

Following the August move of Dan Goldfine, Josh Grabel, Jamie Halavais and Ian Fischer to the office, the September addition of Garcia and Hembd further enhances Husch Blackwell’s Phoenix attorney roster.

News Releases | August 05, 2019
Nationally Recognized Class Action and Complex Commercial Litigation Team in Phoenix Joins Husch Blackwell

“The addition of this marquee team is significant for our firm, not just in addressing our strategic initiative of meaningful expansion in Phoenix, but also in expanding the firm’s existing practice and expertise,” said Eric Lenzen, leader of Husch Blackwell’s Financial Services & Capital Markets Business Unit.

News Releases | April 25, 2019
Jason Husgen Named Fellow of American Bar Foundation

Members are nominated by their peers and elected by the Board of the American Bar Foundation.

HB provides great value because the attorneys we work with are more receptive and better understand our needs and business. They have taken the time to learn our internal processes so that they can deliver work product in a fashion that makes sense for us. We wish every firm and attorney we work with had that type of relationship with us.

Associate General Counsel
Multinational Manufacturing and Engineering Company