Antitrust
Fair business competition is a crucial American value. The history of American enterprise is that of new businesses succeeding in the marketplace through innovation and lowering costs to consumers. The federal and state antitrust laws exist to promote such healthy business competition, and we represent clients bringing antitrust claims like:
- Sherman Act claims for monopolization and attempted monopolization. This is when a business with dominant market power unlawfully uses underhanded business tactics against its less powerful competitors.
- Robinson-Patman Act claims for federal price discrimination. Suppliers are lawfully supposed to offer the same price to all wholesalers or retailers operating at the same level in the distribution chain, but some suppliers illegally favor certain buyers over others by giving them exclusive discounts, promotions, or other benefits.
GAW | POE LLP’s Successes at Antitrust Litigation Include:
$44M Jury Verdict
On Sherman Act claims brought by our client, a small cigarillo manufacturer, against the largest cigarillo manufacturer in the United States. This verdict was recognized as the largest antitrust verdict in the state of California for the year 2016. (Trendsettah, et al. v. Swisher Int’l)
We represented several wholesalers that sued an energy drink manufacturer for illegal price discrimination under the federal Robinson-Patman Act and the California Unfair Practices Act. The case settled shortly before trial. (Confidential)
$2.8M Settlement
$4.2M Judgment
On federal Robinson-Patman Act claims, and California Unfair Practices Act claims, by our wholesaler clients against the manufacturers of the Clear Eyes® product for engaging in illegal price discrimination against them in favor of Costco and Sam’s Club. (L.A. International, et al. v. Prestige Brands, et al.)