Antitrust

Montgomery McCracken has played a leading role for clients in antitrust litigation throughout the country, since its representation of significant defendants in Eastern Railroad Presidents Conference v. Noerr Motor Co. and the Electrical Equipment cases in the 1960s.  The Firm's antitrust expertise encompasses the full breadth of issues that arise in criminal and civil antitrust litigation, with special talents in multidistrict and class action litigation.  We represent clients as plaintiffs as well as defendants.

We also counsel clients on antitrust issues in business transactions, such as:

•  mergers and acquisitions
• distribution arrangements
• licensing agreements
• sales and pricing policies
• refusals to sell
• buying and selling groups
• healthcare
• trade association activities
• intellectual property

Representative antitrust clients include:

• Air Products & Chemicals, Inc.
• Amerisource Bergen Corporation
• Microsoft Corporation
• Delta Air Lines, Inc.
• UCAR INC.

The Firm maintains exceptional relations with the enforcement agencies in Washington and Philadelphia.  We have achieved significant successes for our antitrust clients in settling difficult and potentially dangerous cases because of our reputation for quality and integrity in dealing with both opposing counsel and co-counsel. 

Recent engagements that the antitrust practice has handled include:

• a major U.S. airline in the Foreign Travel Agency Antitrust Class Action Litigation;
  
• a large Japanese chemical company in the microcrystalline/cellulose ("MCC") Antitrust Class Action Litigation;
  
• the largest graphite electrodes producer in the Graphite Electrodes Antitrust Class Action Litigation against all of the world's producers, which may lead to claims of international price fixing and market allocation;
  
• a major magazine publisher in the Magazine Publishers Antitrust Class Action Litigation, which alleged price fixing by the nation's largest magazine publishers;
  
• a major Canadian manufacturing company in an antitrust/patent suit brought by a competitor involving the water purification industry;
  
• a major paper manufacturer in the Linerboard Antitrust Class Action Litigation involving allegations of price fixing by all industry members;
  
• an electronic article surveillance manufacturer in antitrust litigation against a trade association and certain recording labels;
  
• a cable company in antitrust litigation involving access to broadcasting towers;
  
• a significant software producer in a series of state antitrust cases involving class action certification matters;
  
• a carpet manufacturer in a U.S. Department of Justice Antitrust Division Grand Jury Investigation involving allegations of industry price fixing;
  
• a major paper manufacturer in U.S. Department of Justice Antitrust Division Grand Jury Investigation involving allegations of industry price fixing; and
  
• a gaming industry entity with respect to antitrust internet issues.

At Montgomery McCracken we seek to develop partnering relationships with our clients, both long-term and short-term, in order to serve their needs and objectives most effectively. 

For more information, please contact Stephen W. Armstrong, Chair, Antitrust practice, at 215-772-7552 or  email sarmstrong@mmwr.com.