Services Antitrust

Kean Miller assists clients in defending and addressing claims of violating laws that promote fair competition and prevent monopolies. We partner with national law firms, regional companies, and local businesses to manage and defend government investigations and private claims involving monopolies, price-fixing, market allocation, competitor actions, private and public damages, Sherman Act, Federal Trade Commission, bid rigging, predatory pricing, class actions, administrative actions, and unfair business practices. We have antitrust experience with various types of market participants, including manufacturers, insurance groups, forest products, chemicals, gaming, and real estate.

Representative Experience

• Representation as Louisiana counsel to a global software company in class actions asserting various alleged antitrust and state unfair trade practice violations.
• Representation of a gasoline refiner against civil and criminal antitrust violations and below cost sales. Following a trial on the issue of relevant market and the scope of the below cost sales definition for manufacturers, the court found in favor of our client.
• Representation of a manufacturer as local counsel in a purported class action raising claims for alleged price fixing and market allocation conspiracies in the bulk vitamin market.
• Representation of a gaming company in alleged antitrust and RICO violations by an individual claiming denial of a competing gaming license. We obtained a summary judgment dismissal in the United States District Court which was upheld by the U.S. Fifth Circuit Court of Appeals.
• Local counsel to a national insurance group in an antitrust case brought by the outgoing Attorney General of Louisiana against most of the insurance industry arising out of Hurricane Katrina claims.
• Local counsel to a major forest products company in high-profile antitrust cases involving allegations of price fixing of plywood.
• Representation of a Louisiana horse racing track in an action alleging antitrust/Sherman Act/RICO violations involving attempts to restrict competition in the horse racing industry using a broad range of anticompetitive/fraudulent actions and attempts to influence elections in a conspiracy to limit competition.
• Representation of a global chemical company in alleging antitrust violations against a Chinese company and former employee/chemist. The case was tried in the United States District Court for the Middle District of Louisiana.
• Defense of board members of a levee district from antitrust allegations involving the awarding of salvage contracts for New Orleans Marinas after Hurricane Katrina.
• Representation of a global chemical company in connection with national price fixing litigation.
• Representation of local and national concrete companies in connection with claims of price fixing and civil and criminal antitrust issues.
• Representation of a Louisiana municipality in a claim that a contract with towing company violated Louisiana antitrust laws.
• Representation of international pharmaceutical manufacturers in antitrust/monopoly litigation filed by the Louisiana Attorney General.