We have tried antitrust jury and nonjury cases in federal court in Colorado, Wyoming, Kansas, Oklahoma, and other jurisdictions.

Our antitrust litigation has involved product distribution issues (such as territorial or customer restraints, dual distribution, selection or termination of distributors or retailers and tying of one product to another), price fixing or price maintenance, monopolization, price discrimination, employee piracy or theft of trade secrets, and related charges of unfair competition or restraint of trade.

We have represented every level of distribution, including manufacturers, processors, wholesalers, retailers, franchisors, franchisees, jobbers and distributors in a broad range of industries, including computer products, petroleum, natural gas, coal, recreation, bedding, shoe care products, chemicals, cement, grain, glass, fast foods, paper, electrical supplies, liquor, beef, cable television, insurance, health care, and natural resources.

Antitrust and Trade Regulation Client Results

Antitrust Advice and Litigation
  • Represented distributor in $60 million federal action alleging Sherman Act, Robinson-Patman Act, and state law claims and defeated motion to dismiss federal and state antitrust claims before obtaining settlement

  • Won dismissal of Sherman Act Section 1 per se and rule-of-reason claims brought against global apparel company based on brand-management activity on Amazon.com

  • Advised major U.S. aerospace company regarding intellectual property protection and antitrust risk associated with bidding process for government and commercial space contracts

  • Represented financial services company in connection with anticipated litigation over Sherman Act collusion claims

  • Represented U.S. sports league in anti-monopoly litigation under Sherman Act and California and Colorado competition statutes

  • Represented private software company in federal district and appeals courts over antitrust and contract claims against a major aerospace company

  • Designed antitrust compliance policy and training program for global trade association comprising multiple Fortune 500 companies and conducted trainings for members’ executives

  • Advised U.S. energy company on antitrust implications of selective sharing of pipeline capacity and developed strategy to avoid risk

  • Advised media company regarding Sherman Act risk associated with planned agreement to consolidate market position and identified strategies to reduce exposure

  • Advised education publisher on tying and bundling risk associated with nationwide sales strategy and developed analysis to mitigate risk

  • Advised national agricultural trade association regarding potential antitrust liability associated with information-collection and -sharing for agricultural and non-agricultural members and conducted analysis charting course to avoid liability

  • Advised Western grocery chain regarding utilization of no-poach and anti-solicitation provisions in partner agreements

Representative Matters
  • Representation of dozens of companies in Hart-Scott-Rodino filings and related antitrust counseling for mergers and acquisitions.

  • Antitrust counseling for hospitals and physician groups.

  • Representation through trial of major financial institution in a case involving allegations of fraud and bad faith in a multi-million dollar construction financing agreement.

Antitrust and Trade Regulation News

3 Best Lawyers® Antitrust 2022

George Haley: Litigation - Antitrust, Salt Lake City
James Hartley: AntitrustLitigation - Antitrust, Boulder
Mark F. Sheridan: Litigation - Antitrust, Denver

Benchmark Litigation "Firm of the Year" in WY 2018

Named 2018 “Firm of the Year” in WY by Benchmark Litigation. Firm-wide, 20 attorneys named “local litigation stars” or “future stars.” The firm was also honored for being “highly recommended” in CO, ID, NV, UT, and WY

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