antitrust

antitrust

"particularly adept at handling antitrust litigation, the team's courtroom experience and general counseling ability are highlighted"     Chambers USA

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Experts in Antitrust Law 

Expert in all areas of antitrust, including litigating antitrust cases, advising on pricing and competitive strategies, and managing antitrust issues in complex transactions such as mergers, joint ventures and IP licensing.  Representing and advising clients in federal and state antitrust law:

  • Federal Trade Commission
  • US Department of Justice
  • State Attorney General’s Offices
  • Federal courts
  • State courts
  • Hart-Scott-Rodino compliance

Highly Experienced in Complex Antitrust Cases 

Highly experienced in complex antitrust cases, including:

  • Won dismissal of class action complaint alleging allocation of markets in private label retailing.  Bedi v. Hewlett-Packard Co. and Staples
  • Antitrust counsel for principal defendants in more than $3 billion antitrust claim asserted by United Airlines and its Creditors Committee; claims recently dismissed by Seventh Circuit Court of Appeals.
  • Persuaded Federal Trade Commission not to challenge Genzyme Corporation’s acquisition of development stage drug company, decision that was important landmark in relatively new theory of "innovation markets."
  • Won $53 million judgment in nine-week jury trial for infringing copyright in computer software, after defeating opponent’s antitrust claims.  Data General v. Systems Support Corp.

High Level Counseling 

Strategic antitrust advice in structuring deals to prevent future problems.  Chair of        Antitrust practice, Robert M. Buchanan, Jr.: 

  • Chambers USA
  • The Best Lawyers in America
  • Past Chair of Antitrust Committee, Boston Bar Association
  • Past Vice Chair of Computer Industry Committee, ABA Antitrust Section

Resources 

Integrated antitrust and litigation lawyer support team.  Lawyers throughout practice areas consistently receive national recognition for excellence.

Recent Publications

  • Growth by Buying: 5 Rules for Purchasing a Competitor
  • Unanimous Supreme Court Opinions Affirm the Mainstream Consensus on Tying and Joint Ventures
  • Antitrust Law: The Roberts Supreme Court Narrows Slightly The Federal Statute Against Price Discrimination
  • Patents are Still Subject to an Antitrust Curse in the Federal Circuit
  • Antitrust Enforcers Can Break Up A Transaction Even Outside The HSR Process – Recent FTC Actions Are A Reminder

Presentations

  • Managing Antitrust Issues Seminar - Chair, American Corporate Counsel Association, New England Chapter
  • Antitrust Guidelines For Collaborations Among Competitors - Massachusetts Continuing Legal Education
  • Antitrust Fundamentals (Mergers & Acquisitions) - American Bar Association Antitrust Section Spring Meeting
  • Practical Advice For In-House Counsel: Managing Litigation And Other Antitrust Controversies - Antitrust Issues in the Healthcare Industry ABA/AHLA Conference
  • Recent Antitrust Enforcement Involving Physicians - Boston Bar Association
  • Physician Unionization Seminar - Chair, Massachusetts Medical Society and Boston Bar Association

blue chip clients

Lawyers have represented blue chip clients, including:

Agfa

Ampersand Ventures

Boston Ventures

Cambridge Public Health

Cape Cod Healthcare

Crane & Co. 

Genzyme

Heritage Partners

Hewlett-Packard

John Hancock

Mass Medical Society

Pegasystems

Riverside Partners 

Saints Medical Center

Spectrum Equity

Tele Atlas

Tillotson Corporation

Tyco

industry reach

Strategic experience in wide range of industries, including:

biotechnology

consumer electronics

financial services and insurance

food/beverages

healthcare

life sciences

logistics/transportation

manufacturing

media

medical products

specialty manufacturing

technology companies

wholesaling

TeleAtlas Acquires Geographic Data Technology

Choate represented Tele Atlas, a leading digitized mapping company, in a transaction critical to the company’s strategic development.  In connection with an infusion of new capital, Tele Atlas planned to acquire Geographic Data Technology Corporation, bringing together two of the top three competitors in North America.  The US Department of Justice issued a second request to investigate under the Hart-Scott-Rodino Act.  Choate succeeded in bringing the investigation to a successful conclusion less than one month later.

Choate is lead antirust counsel to bankruptcy trustee

When Robicon Corporation (a leading manufacturer of electrical drives and motors) went into bankruptcy for the second time within a year, the Bankruptcy Court appointed a Trustee to take over management.  The Trustee retained Choate to handle the bankruptcy and act as antirust counsel for the Trustee.  The Trustee realized it was crucial to find a new owner quickly, so that Robicon could reassure its customers and employees that business would continue to operate. 

Siemens, a competitor, emerged as the leading buyer.  Review by the US Department of Justice threatened to cause delay when the DOJ issued a second request under the Hart-Scott-Rodino Act.  Choate led the Robicon team in clearing DOJ review within less than one month.  This allowed the Trustee to close the sale and save the benefits of the sale, which allowed for a full recovery by Robicon creditors.