Antitrust, Unfair Competition & Trade Regulation
Antitrust law can be complicated and difficult to navigate. Successful prosecution or defense of an action alleging breach of antitrust laws, unfair competition, or improper trade practices requires experienced and skilled attorneys.
At KMK, we represent clients that are victims of anticompetitive conduct or unfair competition, and defend companies accused of engaging in anticompetitive behavior. We represent both plaintiffs and defendants involved in litigation, in both state and federal venues. We are ready to advocate quickly and assertively for or against temporary injunctions designed to prevent further harm to any client.
Our attorneys have litigated antitrust cases before the United States Supreme Court, and have been recognized as among the nation’s best lawyers in antitrust and trade regulation. KMK attorneys also include transactional lawyers experienced in handling difficult competition issues, as well as lawyers who have owned and managed businesses.
We represent individuals and classes of plaintiffs and defendants in litigation, arbitration, and mediation, spanning the range of antitrust litigation, including:
- Price fixing and market allocations among competitors;
- Price discrimination;
- Pricing below costs;
- Monopolization and attempts to achieve a monopoly;
- Mergers, acquisitions, and joint ventures;
- Parallel behavior by competitors and information exchanges;
- Trade association activity;
- Linking of one product to the sale of another (tying);
- Resale price maintenance practices;
- Group boycotts and refusals to deal;
- Customer and territorial restrictions;
- Advertising and promotional allowances and rebate programs;
- Non-competition and other restrictive covenants;
- Dealership, and dealer/distributor termination, including implications of the Wisconsin Fair Dealership Law;
- Deregulated utility company practices;
- Intellectual Property; and
- Trade Secrets.
Our level of business experience gives us the edge in an area of law that often comes down to convincing the court of accepted practices and the general fairness of a course of conduct.