K&L Gates Antitrust, Competition and Trade Law Practice
The K&L Gates Antitrust, Competition and Trade Law Practice Group is positioned in strategic
markets around the globe to help you minimize your antitrust risks, defend or pursue litigation,
get your deals through the authorities, and whenever possible, turn the antitrust and competition
laws to your advantage.
Tier One Team
Global Practice
Recognized as one of the strongest Antitrust
and Competition Law groups in the world, the
practice received a Tier One ranking in the
2010 inaugural edition of the U.S. News &
World Report/Best Lawyers rankings of “Best
Law Firms.” The firm is also listed in The Legal
500 U.S. directory among top antitrust firms for
its work in the area of mergers, acquisitions and
buyouts. In the UK, The Legal 500 directory
recommends the K&L Gates team for European
Union (“EU”) Competition law services.
Members of our group have played leading
roles in some of the most complex matters in this
area and have been recognized in Chambers
UK, Global Competition Review, and the
International Who’s Who of Business Lawyers.
Our practice is global and we have a significant
presence in the US, the EU, and China. We
represent clients before competition authorities
around the world, such as the Antitrust Division
of the DOJ and the FTC; other US regulatory
agencies with jurisdiction over mergers and
competition, such as the Federal Energy
Regulatory Commission (“FERC”) and the
Department of Transportation; state attorneys
general; the International Trade Commission;
the European Commission; the EU Member
State competition authorities; and the Chinese
Ministry of Commerce. We defend clients in
some of the largest global cartel investigations,
parallel civil cases and class actions, and we
obtain regulatory clearance of multibillion dollar
transactions for Fortune 500 companies.
Our partners have held senior positions and
have led enforcement efforts at key antitrust
and competition law authorities and judicial
bodies, including the U.S. Department of Justice
(“DOJ”), the U.S. Federal Trade Commission
(“FTC”), and the Court of Justice of the EU.
We have been recognized for our trial skill
and ability, have shaped antitrust law through
appellate advocacy and the preparation of
policy comments on behalf of the American Bar
Association to the U.S. Sentencing Commission,
and have had leading roles in several landmark
U.S. Supreme Court antitrust decisions.
Our lawyers have handled complex antitrust
and competition law matters on every
continent except Antarctica. Our global
reach is especially valuable to clients given
the increasing cooperation between antitrust
authorities throughout the world. Sixty antitrust/
competition practitioners, supported by a global
firm of nearly 2000 lawyers, provide coverage
everywhere our clients face competition issues.
Representative Clients
• Allegheny Technologies Incorporated
• Ask Jeeves
• Deere & Company
• Eaton Corporation
• EPCOR Utilities Inc.
• Flow International Corporation
• Fluke Corporation
• Formula One Administration Ltd
• Halliburton
• Hanesbrands Inc.
• INTTRA
• Lockheed Martin Corporation
• OfficeMax Incorporated
• Oki Data Americas, Inc.
• Orica Limited
• PPG Industries, Inc.
• PPL Corporation
• Propex Operating Company, LLC
• Service Corporation International
•U
nited Kingdom Cable Protection
Committee
• Waste Management, Inc.
• Wilbur-Ellis Company
Areas of Practice
Criminal and Civil, Cartel Litigation
Our clients rely on us for help with criminal and cartel investigations spanning multiple countries and
continents. When an investigation involves several jurisdictions, the strength of our U.S., EU, and Asian
presence differentiates us from other law firms. We coordinate the defense across time zones and
jurisdictions as part of one unified and experienced team.
When one member of an industry is raided by the DOJ, the European Commission, or another antitrust
authority, every member of that industry should conduct a thorough internal review to assess its own
potential exposure. Our team helps clients to recognize their needs and assists them in acting promptly
in their best interests. If a client faces a criminal investigation, we have a strong and experienced team,
including several former government enforcers, to defend our client’s vital interests. In many instances,
we have persuaded government enforcers to drop an investigation. When necessary, we have
represented our clients aggressively and successfully at trial and on appeal.
Civil antitrust litigation (including class actions) can take years to resolve, distract business operations,
and cost millions of dollars. We help clients navigate antitrust litigation to seek the earliest and
most advantageous exit. Our lawyers have not only the experience to litigate class actions, but the
judgment to know whether to take a leading role in the defense or to minimize cost by taking a
supporting role; whether to aggressively pursue an exit strategy, such as an early motion to dismiss,
or to wait and conserve credibility; and how best to distinguish our client from other defendants to
minimize exposure. We have successfully served clients in some of the largest cartel cases of all
time. Among many other matters, we
• Defended a major flat panel manufacturer in the TFT-LCD flat panel international cartel
investigation, coordinating across multiple jurisdictions in North America, Europe and Asia.
• Defended a major Japanese electronics company in U.S. and Canadian investigations and
prosecutions alleging the price-fixing of carbon graphite.
• Defended a U.S. manufacturer of carbon fiber in a grand jury investigation and follow-on class
action alleging price-fixing.
• Defended class actions in U.S. federal and state courts relating to alleged illegal price-fixing in
the setting of fuel surcharges for international cargo flights.
• Represented an amnesty recipient in the only successful U.S. extradition of a non-U.S. executive
stemming from a price-fixing cartel in the carbon/graphite industry.
• Represented Nike on its precedent-setting litigation with the global tennis federations involving
the application of sports rules covering the use of trademarks on sporting attire.
• Represented Deere & Company in defense of 60 class actions relating to horsepower ratings on
lawnmowers in the Eastern District of Wisconsin.
• Represented the California Dental Association in an antitrust challenge by the FTC to the
association’s ethical rules on advertising under Section 1 of the Sherman Act.
• Represented individuals and senior executives in aviation, freight forwarding, electronics,
food, construction, air cargo, graphite electrodes, seafood products, paper products, and
other industries.
We have secured recovery for clients injured by illegal cartels by:
• Securing record monetary settlement in a conspiracy case on behalf of victims of conspiracy to
fix the price of high fructose corn syrup.
• Obtaining for Independence Tube Corp. a multimillion-dollar damages award and a landmark
Supreme Court decision on intra-enterprise conspiracy under Section 1 of the Sherman Act.
Monopolization/Unilateral Conduct
As our clients become bigger and more
successful, so does the antitrust risk associated
with their conduct. We defend clients in all
manner of investigations and lawsuits alleging
the misuse of market power. We confront
litigation on a range of business practices
including strategic alliances, distribution
practices, product innovation, and changes
in existing distribution or pricing strategies.
At other times, we help our clients use the
antitrust laws to solve problems caused by their
competitors or to gain access to new markets.
At all times, we provide practical advice. Our
satisfied clients include
• Eaton Corporation, a multibillion-dollar
global technology manufacturer and
distributor, in an antitrust and patent
complaint.
• A leading vendor to the nuclear power
industry in a claim that it attempted to
monopolize an alleged market for auxiliary
nuclear plant equipment.
Our
• A leading northeastern ski resort in
a federal monopolization and tying
complaint brought by homeowners at the
resort.
• A leading waste services company in
various state attorney general monopoly
investigations.
• A leading soft drink manufacturer in a
monopolization lawsuit brought by its chief
competitor.
• Boise Cascade Corp. in an FTC
challenge to purchasing practices under
the Robinson-Patman Act.
• Our litigation clients represent a
broad range of industries including
airlines, automobiles, banking and
financial services, branded consumer
products, chemicals, computer software
and hardware, health care, ocean
shipping and transportation, oil and
gas, pharmaceuticals, sporting goods,
telecommunications and media, trucking,
and waste services.
Mergers, Acquisitions, and
Joint Ventures
We help clients structure transactions by
isolating or minimizing competition concerns.
This involves analyzing substantive competition
issues, preparing merger control notifications,
and representing merging parties before the
competition authorities. For multi-jurisdictional
mergers, we evaluate notification and approval
obligations and manage the process across
multiple jurisdictions. Our lawyers have
represented clients in a number of high-profile
and precedent-setting transactions. Among
other matters, we
• Obtained DOJ clearance of Delta’s merger
with Northwest Airlines and Air France’s
merger with KLM.
• Represented Waste Management
in obtaining DOJ and state attorney
general clearance for numerous strategic
acquisitions and sales.
global reach is especially valuable to clients given the
increasing cooperation between antitrust authorities
throughout the
world.
• Represented Orica Ltd. in the acquisition of Dyno Nobel’s explosives business—a matter that
involved a reference to the European Commission under Article 22, the successful application to
close part of the transaction during Commission review, and Phase I remedies.
• Represented Flow International in obtaining FTC clearance of the merger of the world’s two
largest manufacturers of waterjet cutting systems.
• Represented Lockheed Martin in its acquisition of INSYS Ltd, the first Special Intervention by the
Secretary of State on national security grounds.
• Represented Service Corporation International, the largest funeral services company in the
United States, in the acquisition of Keystone, the third largest.
• Represented Bosch in an FTC investigation of a joint venture with another global supplier of
automotive technology, systems, and components.
• Represented OfficeMax in obtaining FTC and Mexican competition clearance for its purchase
of a leading company in the office products industry.
• Obtained clearance in various jurisdictions around the world for a leading soft drink
manufacturer’s acquisition of a competitor.
• Represented PPL Corporation in obtaining HSR clearance and approval from FERC and the
Federal Communications Commission for its $7.65 billion acquisition of E.ON US and its utility
subsidiaries, Louisville Gas & Electric and Kentucky Utilities.
We provide many of these same services to clients that are opposed to or concerned about mergers
of competitors or suppliers. We assist clients in presenting their concerns to the relevant enforcement
agencies, proposing appropriate divestitures or other relief, and acquiring assets to be divested. For
example, we
• Represented PPL Corporation in its successful challenge to the proposed merger of Exelon
Corporation and Public Service Enterprise Corporation, Inc. Our lawyers participated in
proceedings before FERC, the Pennsylvania Public Utilities Commission and the New Jersey
Board of Public Utilities and presented PPL Corporation’s views to the DOJ.
• Represented Lockheed Martin in opposing the merger between Boeing and McDonnell Douglas;
and obtaining long-term pricing remedies for Lockheed Martin in the merger of the Alenia and
Alcatel satellite businesses.
• Represented Delta Air Lines in successfully opposing the acquisition in bankruptcy of Delta by
US Airways, before the Antitrust Division, the Department of Transportation, and Congress.
• Represented a major rail products manufacturer in acquiring assets required to be divested as a
condition of the DOJ’s approval of the merger of two competitors.
We help our clients use the antitrust laws to
solve problems caused by their competitors or to
gain access to new markets.
European State Aid
Competition Advocacy
International Trade Regulation
U.S. corporations may find their competitive
activities in Europe threatened or restricted
by protectionist measures (“State Aid”)
implemented by national governments of
the EU Member States. Our lawyers have
extensive experience in the EU State Aid
arena, representing both complaining parties
and parties accused of benefiting from some
form of State Aid. Our clients also face State
Aid implications in transactions for the sale of
public assets and real estate and we guide
them through the necessary process. We
provide advice on State Aid procedures under
the Treaty of Rome and relevant subordinate
European legislation, as well as the risks
involved in the receipt of State Aid.
Our lawyers have extensive experience
representing clients before legislative bodies
and regulatory authorities that are considering
legislation or regulations that regulate or
affect competition. We have helped shape
competition regulations promulgated by such
agencies as the Federal Energy Regulatory
Commission, the Federal Communications
Commission, Department of Transportation,
Federal Maritime Commission, the Postal
Regulatory Commission, and the UK
Environment Agency. We have participated in
drafting state legislation and regulations that
have an impact on competition in the industries
in which our clients participate. We have also
advised and represented clients in appellate
and judicial proceedings in which challenges
to federal and state regulatory actions affecting
competition are considered.
Our long-standing international trade regulation
and trade policy experience, coupled with
our global reach, enables us to assist clients
in the United States and abroad with nearly
any type of international trade matter. K&L
Gates trade lawyers are experienced in every
area of international trade law and regulation,
including export controls and sanctions,
customs, trade remedies and unfair trade
practices proceedings, trade agreements,
foreign direct investment in the United States,
and unlawful payments. The firm’s international
trade lawyers represent manufacturers,
exporters, importers, governments, individuals,
associations, and other organizations from
virtually every geographic region. Our lawyers
in the United States, Europe, and Asia provide
assistance in connection with business planning
and transactions, regulatory proceedings,
national and multinational trade proceedings
and disputes, and government investigations
and enforcement proceedings.
Counseling
Our lawyers counsel clients to minimize
or avoid antitrust risk both in the planning
of cooperation and in its execution. Our
experience includes antitrust audits, compliance
programs and internal investigations. We
counsel clients on agreements regarding
distribution, agency, purchase and supply,
licensing/technology transfer and joint venture,
specialization, and research and development.
We also advise on pricing and price
discrimination issues and obtaining market
access. And we do so on behalf of some of the
largest companies in the world.
Consumer Protection & False Advertising
The consumer protection missions of the FTC
and state regulatory authorities increasingly
affect our clients’ business operations. Private
litigation under the Lanham Act can expose
businesses to millions of dollars in damages
for false advertising or unfair trade practices.
We provide counseling and represent clients
in consumer protection matters ranging from
“Made in USA” and comparative-advertising
claims to mortgage- servicing investigations.
We also defend clients against deceptive
practices and unfair-competition claims brought
by state attorneys general under state laws,
or by private entities under the Lanham Act.
For more information, please contact:
London
Scott S. Megregian
+44.20.7360.8110
scott.megregian@klgates.com
Washington, D.C.
Kenneth L. Glazer
+1.202.778.9418
ken.glazer@klgates.com
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K&L Gates comprises multiple affiliated entities: a limited liability partnership with the full name K&L Gates LLP qualified in Delaware and maintaining offices
throughout the United States, in Berlin and Frankfurt, Germany, in Beijing (K&L Gates LLP Beijing Representative Office), in Brussels, in Dubai, U.A.E., in Shanghai
(K&L Gates LLP Shanghai Representative Office), in Tokyo, and in Singapore; a limited liability partnership (also named K&L Gates LLP) incorporated in England
and maintaining offices in London and Paris; a Taiwan general partnership (K&L Gates) maintaining an office in Taipei; a Hong Kong general partnership (K&L
Gates, Solicitors) maintaining an office in Hong Kong; a Polish limited partnership (K&L Gates Jamka sp.k.) maintaining an office in Warsaw; and a Delaware
limited liability company (K&L Gates Holdings, LLC) maintaining an office in Moscow. K&L Gates maintains appropriate registrations in the jurisdictions in which its
offices are located. A list of the partners or members in each entity is available for inspection at any K&L Gates office.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to
any particular facts or circumstances without first consulting a lawyer.
©2011 K&L Gates LLP. All Rights Reserved.
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K&L Gates includes lawyers practicing out of 37 offices located in North America, Europe, Asia and the Middle
East, and represents numerous GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth
and middle market companies, entrepreneurs, capital market participants and public sector entities. For more
information, visit www.klgates.com.