Antitrust & Competition
Mayer Brown is home to one of the nation’s busiest antitrust and competition practices, of which our appellate group is an essential component. Indeed, our appellate lawyers have briefed and argued some of the most important Supreme Court antitrust cases over the past several decades, including Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., Inc., which held that success on a claim of “predatory buying” requires showing that a defendant is operating at a loss that it can recoup through exercise of monopsony power; Credit Suisse v. Billing, in which the Court held that the Securities Act of 1933 forecloses antitrust lawsuits in cases of alleged artificial inflation of aftermarket IPO share prices; Illinois Tool Works v. Independent Ink, where the Court concluded unanimously that the burden was on the party claiming an antitrust violation to show that the defendant had the power to raise prices above market rates; and F. Hoffman-LaRoche, Ltd. v. Empagran S.A., which imposed robust limits on extraterritorial applications of the U.S. antitrust laws.
Our appellate lawyers are also frequently engaged in antitrust matters at the trial stage, working with trial teams to craft and preserve the most promising legal arguments for later appeal. Examples include the air cargo price fixing conspiracy against the major passenger airlines and various other price fixing conspiracy cases involving the banking and commodities industries.