Antitrust and Trade Regulation
The line between an effective competitive practice and anticompetitive behavior can be difficult to ascertain. In many industries the cost of production, the need to achieve buying power to reduce costs and other commercial pressures seem to argue for cooperation with other businesses. A promotional giveaway of a new product with an established sales leader may seem like common sense. However, these and other practices can have, or may be claimed to have, a dampening effect on competition.
At KMKSC we represent clients that are victims of anticompetitive actions, and in addition defend those companies accused of damaging mischaracterizations of rational and legal competitive behavior.
Among its litigators, KMKSC enjoys a past Chair of the American Bar Association (ABA) Antitrust and Trade Regulation Subcommittee and former Editor-in-Chief of the ABA “Private Antitrust Litigation News” among its specialist litigators.
We represent individuals and classes of plaintiffs and defendants in litigation, arbitration, mediation spanning the range of anti-trust 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.