Antitrust

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Using their deep understanding of today’s global economy and the intricate relationships among competing and cooperating businesses, Shartsis Friese’s antitrust litigators protect our clients’ interests in an increasingly complex legal landscape.

We represent clients in high-stakes antitrust and unfair competition matters under the Sherman Act, Cartwright Act, and related federal and state laws.

We handle disputes and investigations involving:

  • Price fixing and market allocation
  • Monopolization and abuse of market power
  • Tie-ins and refusals to deal
  • Mergers and acquisitions with antitrust implications
  • Price discrimination
  • Unfair competition claims under California Business & Professions Code §17200, including cases involving trade secret misappropriation and employee solicitation

We also frequently advise clients on issues at the intersection of antitrust and intellectual property, including distribution, licensing and competitive conduct in technology-driven markets.

On the transactional side, we provide strategic antitrust counseling to help clients comply with:

  • The Sherman Act, Clayton Act, and Robinson-Patman Act
  • Hart-Scott-Rodino (HSR) premerger notification requirements
  • Product distribution, dealer termination and other trade regulation issues

Our goal is to help clients navigate complex antitrust risks, minimize exposure and achieve their business objectives in an increasingly interconnected marketplace.

Experience

  • Represented 11 current and former board members and employees of the Dental Board of California in a lawsuit brought against them by Smile Direct Club and affiliates alleging wide-ranging antitrust misconduct and nearly $1 billion in damages. Secured a full dismissal of all claims against all defendants.
  • Represented a cryptocurrency company in litigation concerning the acquisition of a high-value blockchain technology company that essentially evaporated after acquisition. The case resulted in a favorable settlement.
  • Represented the founder of one of the largest private developers of utility-scale solar projects in the United States in a series of arbitrations brought by investors who contributed $275 million and then sought to oust the founder and take over the company. The case resulted in final awards finding entirely in the founder’s favor, permitting the founder to purchase back every project held by the company for $1 each (for a total of $73 to purchase projects valued at several billion dollars), and an award for fees and costs of approximately $10 million against the predatory investors.
  • Represented the Attorney General of the State of California in a lawsuit brought against several Morgan Stanley entities for asset-backed securities fraud that caused losses to the California state pension funds. The case settled with a payment to the State of California of $150 million.
  • Represented the Special Litigation Committee of the Apple Board of Directors in connection with derivative litigation arising out of the eBooks antitrust litigation.
  • Represented GSI in a Sherman Act Section 1 restraint of trade claim arising out of the exclusion of GSI from a consortium of SRAM manufacturers. The case resulted in a favorable settlement for GSI following defeat of Cypress’ comprehensive motion for summary judgment.
  • Represented the California Department of Insurance in the federal jury trial of a fraud claim arising out of the failure of the Executive Life Insurance Company. The case settled with payment to the Department of Insurance of $200 million.

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