PA – Litigation Img

Litigation & Alternative Dispute Resolution

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 experience and nuanced understanding of precedent. That’s where we come in.

 

KMK is recognized as one of the nation’s leading antitrust and trade regulation firms, having extensive state and federal court experience, including multiple forays in the U.S. Supreme Court. Working hand-in-hand with our litigation group is our business attorneys, many of whom have owned and managed businesses and handled difficult competition issues. This 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, which, because of the breadth of our attorneys’ experience, we do quite effectively.

 

Our Business Litigation attorneys have represented individuals and classes of plaintiffs and defendants in litigation, arbitration, and mediation, spanning a range of antitrust matters, 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.

 

KMK represents victims of anticompetitive conduct or unfair competition, and defends companies accused of engaging in such anticompetitive behavior. We stand ready to advocate quickly and assertively for or against temporary injunctions to prevent further harm.

 

Call us and find out what we can do for you.



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