Antitrust

“Impressive litigation boutique, noted for its expert handling of complex, bet-the-company cases for leading corporate clients” (Chambers)

“Impressive litigation boutique, noted for its expert handling of complex, bet-the-company cases for leading corporate clients” (Chambers)

Wilkinson Stekloff has quickly become the go-to firm for clients who want to litigate antitrust cases with an eye toward trial rather than settlement.  We have had success in a number of high-profile, bet-the-company antitrust cases, focusing on developing a strategy for winning at trial that has delivered positive results for our clients before trial.  We represent clients in civil and criminal matters, in courts and in agency proceedings.

Among our many representative matters, described further below, was prevailing in the second-largest merger trial in American history and an outright win on summary judgment that was selected as one of the “Impact Cases” of the year by Benchmark Litigation.

Wilkinson Stekloff has quickly become the go-to firm for clients who want to litigate antitrust cases with an eye toward trial rather than settlement.  We have had success in a number of high-profile, bet-the-company antitrust cases, focusing on developing a strategy for winning at trial that has delivered positive results for our clients before trial.  We represent clients in civil and criminal matters, in courts and in agency proceedings.

Among our many representative matters, described further below, was prevailing in the second-largest merger trial in American history and an outright win on summary judgment that was selected as one of the “Impact Cases” of the year by Benchmark Litigation.

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“Impressive litigation boutique, noted for its expert handling of complex, bet-the-company cases for leading corporate clients” (Chambers)

Representative Matters

  • Federal Trade Commission v. Microsoft Corporation, et al. Secured a groundbreaking victory for Microsoft in the second-largest merger trial in American history and the biggest involving a technology company over its $69 billion acquisition of Activision Blizzard.  Defeated the FTC’s request for a preliminary injunction to stop the transaction after a five-day trial that began less than four weeks after the FTC filed its federal court complaint.  Directed all aspects of litigation strategy from the time the acquisition was announced in January 2022, positioning the case for a federal court victory on an unprecedented timeline.
  • In the Matter of Altria Group, Inc. and JUUL Labs, Inc. Secured an unprecedented FTC dismissal on behalf of Altria following an administrative trial before the FTC over Altria’s minority investment in JUUL Labs.  The Chief Administrative Law Judge dismissed the claims in their entirety claims, finding that FTC complaint counsel had failed to prove that Altria and JUUL violated antitrust laws.  The FTC subsequently dismissed the proceeding as no longer in the public interest.  Currently serves as lead counsel for Altria in in a series of putative class-action lawsuits brought in the Northern District of California by direct purchasers, indirect purchasers, and indirect resellers raising the same allegations as the FTC.
  • Kleen Products LLC, et al. v. International Paper, et al. Won summary judgment for Georgia-Pacific LLC (“GP”) in this antitrust class action involving claimed damages of over $10 billion. The win, which was affirmed unanimously on appeal, came just weeks after other defendants had agreed to pay over $350 million in settlement.  Benchmark Litigation named the summary judgment ruling one of its “National Impact Cases” of the year, and the American Lawyer gave the team a “Shout Out” for the win, highlighting the favorable result as “why you hire Beth Wilkinson.”  On appeal, the Seventh Circuit unanimously affirmed the district court’s decision.
  • In re National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litigation. Served as lead counsel for the NCAA at summary judgment and trial in a challenge by certain current and former NCAA college football and basketball student athletes to NCAA rules limiting the level of athletics-based financial aid benefits that student athletes may receive.  Plaintiffs set out to fundamentally change college athletics in America by attacking their defining characteristic – that student athletes are amateurs – making this one of the most important cases in the NCAA’s history.  After a three-week bench trial, the district court enjoined certain limitations on benefits that student-athletes may receive, but reaffirmed the procompetitive value of the NCAA’s rules and rejected Plaintiffs’ broader-ranging efforts to transform college athletics.
  • In re National Football League’s “Sunday Ticket” Antitrust Litigation. Represents the National Football League, its 32 member teams, and NFL Enterprises in this putative class action lawsuit challenging the NFL’s exclusive distributorship arrangement with DIRECTV for Sunday Ticket and the business arrangements whereby the NFL teams collectively license the broadcast rights to NFL games.
  • In re Cattle and Beef Antitrust Litigation. Represents Cargill in multidistrict litigation concerning the cattle and beef industries in the United States.  The MDL includes six putative classes of plaintiffs, as well as direct action, opt-out lawsuits by dozens of companies.  The various complaints allege violations of the Sherman Act, the Packers and Stockyards Act, and the Commodity Exchange Act, and dozens of state antitrust and consumer protections.  Plaintiffs’ antitrust claims allege that the country’s four largest beef packers have colluded to limit slaughter capacity, thus increasing beef prices, the margins those packers earn on beef sales, and the prices of live cattle futures and options contracts.  Wilkinson Stekloff leads all aspects of the litigation for Cargill.
  • In re College Athlete NIL Litigation. Represents the NCAA in a putative antitrust class action lawsuit brought by current and former student-athletes under the Sherman Act. Plaintiffs are challenging NCAA rules that prohibit or limit student-athletes from receiving compensation for the commercial use of their name, image, and likeness (“NIL”).  Plaintiffs seek certification of three damages subclasses involving claims for alleged lost NIL earnings and alleged lost group licensing revenue from football and basketball broadcasts.  They also seek a permanent injunction against any NCAA rules affecting NIL compensation.
  • United States v. Glenmark Pharmaceuticals USA. Defended generic pharmaceutical manufacturer Glenmark against criminal antitrust charges brought by the U.S. Department of Justice.  Nearly three years after indictment, the case resolved with a deferred prosecution agreement and no conviction.
  • In re Namenda Direct Purchaser Antitrust Litigation. Served as lead counsel for Forest Laboratories and Actavis (now Allergan) in a certified antitrust class action in the Southern District of New York involving a groundbreaking treatment for dementia in Alzheimer’s patients.  Plaintiffs claimed that Forest made an anticompetitive “reverse payment” to settle a generic drug manufacturer’s challenge to Namenda, and that Forest unlawfully tried to effectuate a “hard switch” between a twice-daily and once-daily version of Namenda.  Plaintiffs claimed approximately $21 billion in trebled damages; the case settled the night before trial for less than 5% of that amount.