Antitrust Litigation

AV&H's antitrust litigation practice is defined by the broad array of matters litigated and the sophisticated yet practical approach it applies to all of its cases.  Drawing upon its antitrust experience and general litigation skills, AV&H has developed a thriving and well-respected antitrust litigation practice. The firm represents both plaintiffs and defendants in matters involving monopolization, boycotts, tying arrangements, price-fixing, price discrimination violations and unreasonable distribution restraints, and has litigated cases in industries such as biotechnology, pharmaceuticals, chemicals, cable television, telecommunications, entertainment, plastics and chemicals.

AV&H has the ability to respond quickly to bring litigation where time considerations require.  In several cases, AV&H has mobilized in order to obtain a quick resolution on the merits where delay would have been extremely harmful to a client.  For instance, in United States v. SunGard Data Systems, 172 F. Supp. 2d 172 (D.D.C. 2001), AV&H obtained and won an expedited trial on the merits of an Antitrust Division challenge to our client's acquisition of its main rival.  Similarly, in Enron International Korea v. Credit Suisse First Boston in the Southern District of New York, AV&H filed an antitrust suit challenging a rigged auction and obtained expedited discovery that lead to a favorable business settlement.

AV&H also has successfully defended complex antitrust lawsuits.  AV&H recently obtained the dismissal of our client Yeshiva University from a class action complaint brought against the nation's medical residency programs over the so-called "Match" that assigns medical school graduates to residency programs.  Jung v. Association of American Medical Colleges, 300 F. Supp. 2d 119 (D.D.C. 2004).

AV&H's litigation capabilities have been recognized both by the Antitrust Division, which retained AV&H lawyers to represent the United States in challenging the merger of WorldCom and Sprint under Section 7 of the Clayton Act, and by the New York Attorney General's office, which hired AV&H to file suit against Service Corporation International for monopolizing the Jewish funeral home industry in New York City.

AV&H is highly sought after to defend clients against governmental, criminal, and civil antitrust investigations. Whether it is an appearance before a grand jury or a response to a comprehensive document subpoena, our lawyers are adept at protecting our client's interests while minimizing the burden and disruption often associated with governmental inquiries. The firm has represented clients in governmental investigations in a wide variety of industries, including airlines, financial services, metal alloys, retail services, cable television, dairy and waste management.

News & Developments

• AV&H Files Lawsuit to Compel Attorney General to Maintain the Confidentiality of Subpoenaed Materials
• AV&H Successfully Concludes Foreign Auction Bid Rigging Case
• AV&H Wins Dismissal of Yeshiva University from Antitrust Conspiracy Class Action
• Global Competition Review Names AV&H in Top 100 firms in Annual Survey
• AV&H Represents Sungard Data Systems Inc. in Acquisition of Availability Solutions Business of Comdisco Inc.

Articles & Treatises

• Class Action Reaction: Ameded Rule 23 Enhances Judicial Supervision in Class Litigation
• U.S. Supreme Court Again Clarifies the Power of Arbitrators
• Merger Review and Litigation Involving the Acquisition of Bankrupt Companies
• Alternative Dispute Resolution: Simplified Justice or a Shield for Smoking Guns?

Newsletters

• Eleventh Circuit Overrules FTC’s Schering-Plough Decision, Possibly Reducing Antitrust Risk of Settling Patent Disputes
• AV&H Wins Unanimous Reversal by Connecticut Supreme Court on Prejudgment Remedy Procedure
• AV&H Wins Dismissal with Prejudice for Yeshiva University in Medical Resident Price Fixing Case
• AV&H Victory Against Antitrust Division Shows That Challenges to Mergers Can Be Litigated Quickly and Defended Successfully