Antitrust and Unfair Competition

Litigation

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Stevens & Lee has significant experience in all aspects of antitrust and unfair competition counseling, compliance and litigation in trial and appellate courts on state, national and international levels. Stevens & Lee has assisted clients in resolving issues related to pricing, strategic alliances, distribution of products or services, and conflicts with competitors both successfully and economically.

In the event of contemplated, threatened or filed antitrust litigation, our attorneys provide service based on extensive experience in federal, state and administrative civil litigation, including private treble damage suits, civil and criminal investigations by federal and state authorities and antitrust class actions. Our trade regulation attorneys have successfully represented clients in dozens of civil and criminal litigations brought by the United States Department of Justice, Federal Trade Commission and State Attorneys General nationwide.

We provide sophisticated antitrust counseling, including comprehensive risk management analyses for individual, corporate and trade association clients which can be of great assistance in maximizing profits through aggressive marketing and sales efforts. In addition, we provide antitrust audits and structure compliance policies and procedures, as well as document management policies, which are thorough, yet designed for easy and practical use.

The trial and compliance lawyers in Stevens & Lee’s Antitrust and Unfair Competition Group have handled matters in the following fields:

Sherman Act – Civil: We have extensive litigation and compliance experience on the trial and appellate levels and from both a plaintiff’s and a defendant’s perspective in Section 1 and Section 2 of the Sherman Act, including price fixing, predatory pricing, tying arrangements and related conduct, sham litigation and conspiracies to boycott and allocate territories, production and customers.

Sherman Act – Criminal: We have successfully defended corporate and individual defendants in criminal price fixing, bid-rigging, customer and territorial allocation cases, and bid-rigging prosecutions before federal grand juries.

Mergers and Acquisitions: We have experience in negotiating and defending mergers and acquisitions with the Federal Trade Commission and the Department of Justice and the States’ Attorneys General. We provide strategic advice on our clients’ merger and acquisition plans and tactical implementation of those plans, including market share analyses, antitrust risk analysis and Hart-Scott-Rodino and other similar filings.

Unfair Methods of Competition: Whether the issue arises under federal law under the Federal Trade Commission Act or under state law under the general rubric of unfair methods of competition, including business tort, consumer fraud, tortious interference with contract, or common law restraints of trade, we can provide comprehensive and immediate assistance through counseling and timely litigation.

Price Discrimination: We have designed Robinson-Patman compliance programs that are comprehensive in their protection, yet easy to use. Our lawyers have also litigated cases concerning primary and secondary line price discrimination nationwide.

Distribution and Franchise: Our attorneys have handled an array of product and service distribution issues, including franchising, wholesale, jobber, direct and dual distribution and franchise, distributor and dealer terminations. We strive to find innovative distribution paradigms that will increase our clients’ bottom-line profits.

Health Care Antitrust: We have broad private and public sector experience in this active area of antitrust concern. Our attorneys understand the complex interaction between federal and state mandates, the Affordable Care Act, third party payments, purely public charities acts and delivery concentration and competition in the health care arena. We represent a variety of institutional and group health care clients in litigation, compliance and combination matters.

Lanham Act: Our attorneys have extensive experience nationwide in litigation of trademark and copyright infringements, the sale of gray market goods, false and misleading advertising, and related intellectual property and unfair competition claims. We have comprehensive experience in the interaction of the Lanham Act with our clients’ sales, marketing and distribution practices, both from a defensive and offensive posture, and in the litigation of Lanham Act claims.

Advertising and Promotions: We assist clients in the review of their advertising under all federal and state standards and their promotions under Sections 2(d) and 2(e) of the Robinson-Patman Act, as well as under the Lanham Act and state libel laws.

Steven J. Adams

Shareholder

sja@stevenslee.com

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Reading: 610.478.2133

Daniel E.P. Bausher

Shareholder

deb@stevenslee.com

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Reading: 610.478.2207

G. Thompson Bell, III

Shareholder

gtb@stevenslee.com

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Reading: 610.478.2203

Marcia A. Binder

Associate

mab@stevenslee.com

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Reading: 610.478.2126

Charles J. Bloom

General Counsel

cjb@stevenslee.com

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Valley Forge: 610.205.6001

Mark D. Bradshaw

Shareholder

mdb@stevenslee.com

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Harrisburg Market Square: 717.255.7357

Matthew C. Brunelli

Associate

mcb@stevenslee.com

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Philadelphia: 215.751.1955

Jeffrey D. Bukowski

Shareholder

jdb@stevenslee.com

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Reading: 610.478.2215

Rachelle G. Cecala

Associate

rgc@stevenslee.com

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Reading: 610.478.2065

Todd J. Cook

Shareholder

tjc@stevenslee.com

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Reading: 610.478.2076

William A. DeStefano

Partner

wad@stevenslee.com

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Philadelphia: 215.751.1941

Mark C. Franek

Associate

mcf@stevenslee.com

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Valley Forge: 610.205.6029

Marianne J. Gilmartin

Shareholder

mjg@stevenslee.com

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Scranton: 570.969.5362

Wilkes-Barre: 570.969.5362

Peter G. Glenn

Of Counsel

pgg@stevenslee.com

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Reading: 610.478.2123

E. Thomas Henefer

Shareholder

eth@stevenslee.com

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Reading: 610.478.2223

Craig A. Hirneisen

Associate

cah@stevenslee.com

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Reading: 610.478.2229

Harry A. Horwitz

Shareholder

hah@stevenslee.com

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Philadelphia: 215.751.1952

Princeton: 609.243.6432

Daniel B. Huyett

dbh@stevenslee.com

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Philadelphia: 215.751.1956

Reading: 610.478.2219

Christine M. Kovan

Counsel

cmk@stevenslee.com

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Valley Forge: 610.205.6038

Suzanne M. McSorley

Shareholder

smcs@stevenslee.com

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Princeton: 609.987.6663

Bradley L. Mitchell

Shareholder

blm@stevenslee.com

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Princeton: 609.987.6680

New York: 646.254.6385

Irish “Ryan” Neville

Of Counsel

irn@stevenslee.com

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Charleston: 843.414.8864

David J. Parsells

Shareholder

djp@stevenslee.com

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Valley Forge: 610.205.6004

Terri A. Pawelski

Shareholder

tap@stevenslee.com

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Philadelphia: 215.751.1961

Nicholas H. Pennington

Associate

nhp@stevenslee.com

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Valley Forge: 610.205.6352

Julie E. Ravis

Shareholder

jera@stevenslee.com

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Reading: 610.478.2077

Eric M. Robinson

Shareholder

emr@stevenslee.com

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New York: 212.537.0408

Neil C. Schur

Shareholder

ncsc@stevenslee.com

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Philadelphia: 215.751.1944

James C. Schwartzman

Partner

jcsc@stevenslee.com

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Philadelphia: 215.751.2863

Stacey A. Scrivani

Shareholder

sasc@stevenslee.com

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Reading: 610.478.2086

Wilmington: 302.425.3306

Elliott J. Stein

Shareholder

ejs@stevenslee.com

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Princeton: 609.987.7050

New York: 646.254.6391

William P. Thornton, Jr.

Shareholder

wpt@stevenslee.com

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Philadelphia: 215.496.3820

Reading: 610.478.2020

Elizabeth A. Ware

Associate

eaw@stevenslee.com

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Reading: 610.478.2210

Donald E. Wieand

Shareholder

dew@stevenslee.com

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Allentown: 610.997.5071

Joseph E. Wolfson

Shareholder

jwo@stevenslee.com

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Valley Forge: 610.205.6019

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