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Antitrust and Competition Law
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In a time of increased global business activity and expanding antitrust law enforcement, virtually every significant commercial transaction, business strategy and marketplace activity in some way implicates the competition laws of the United States or other jurisdiction. As noted in Chambers USA 2008, Baker Botts is a "mainstay for antitrust expertise," and our team is valued for its "superior insight, both when it comes to trial matters and transactional work." Baker Botts antitrust lawyers work hard to give each client practical advice on avoiding antitrust problems and efficiently resolving any that do arise.

Our antitrust lawyers have extensive trial experience and often draw on the strengths of other Baker Botts lawyers with particular experience in such areas as intellectual property, corporate, tax and finance, energy, environmental and appellate law. We help clients anticipate and avoid antitrust problems in mergers, acquisitions and joint ventures; distribution and franchise arrangements; standards setting; intellectual property acquisition and licensing; product and service pricing; advertising; trade association activity; and relationships with customers, competitors and employees.

In addition to counseling clients, Baker Botts antitrust lawyers handle litigation on behalf of both plaintiffs and defendants in state and federal courts throughout the United States. We represent companies and individuals in civil and criminal investigations and adversary proceedings involving the entire spectrum of antitrust and competition issues. Our antitrust litigation docket includes grand jury investigations, class actions, parallel litigation in state and federal courts, multidistrict litigation, preliminary injunction hearings and other complex proceedings. Our lawyers have advocated clients' interests before, as well as against, the Department of Justice Antitrust Division, the Federal Trade Commission, state attorneys general and a number of administrative and regulatory agencies.

Litigation

  • We successfully defended Reliant Energy, Inc., in a suit seeking damages and injunctive relief for an alleged conspiracy to manipulate the wholesale price of electricity in Texas.
  • We obtained a dismissal for defendant, affirmed on appeal to the Eleventh Circuit, in a suit claiming $1.5 billion in trebled damages for alleged monopolization of various Spanish-language broadcasting markets (Spanish Broadcasting System, Inc. v. Clear Channel Communications, Inc., et al.).
  • We obtained a jury verdict in defendant's favor on all claims in a suit seeking approximately $1 billion in trebled damages for alleged monopolization of airline transportation markets (Continental Airlines, Inc. and Northwest Airlines, Inc. v. American Airlines, Inc., et al.).
  • We obtained a settlement on favorable terms in a class action seeking $15 billion in trebled damages for alleged conspiracy to depress wages and benefits paid to workers on offshore drilling rigs (Verdin et al. v. R&B Falcon Drilling, et al.).
Mergers and Acquisitions
We have obtained U.S. antitrust clearance in a number of significant mergers, acquisitions and joint ventures, including:
  • DOJ clearance of Transocean Sedco Forex's $9 billion acquisition of R&B Falcon to form the world's largest offshore drilling company
  • DOJ and FERC clearance of Houston Industries' $2.9 billion acquisition of NorAm Energy
  • FTC clearance of Norilsk Nickel's acquisition of Stillwater Mining, the largest acquisition by a Russian firm of a U.S. company as of the date of the transaction

Criminal Investigations
We have been involved in various internal and DOJ antitrust grand jury investigations including:

  • DOJ antitrust grand jury investigation of business practices and pricing in the transportation industry
  • DOJ antitrust grand jury investigation in the financial services industry
  • Internal investigation and related DOJ antitrust grand jury investigation of military procurements
Related News  
 
American Lawyer Recognizes Litigation Department With 'Honorable Mention' Designation
 
Chambers USA: Baker Botts Excellence Recognized in 21 Practice Areas - Berlack Ranked No. 1 Nationally in International Trade
 
Hispanic Broadcasting Corporation Prevails in Antitrust Case
Publications
Don't Jump the Gun With Merger or Joint Venture Partners
 
April 14, 2006
Houston Business Journal
Daubert Fundamentals
 
May 2001
Advanced Business & Commercial Law 2001, sponsored by State Bar of Texas
 
March 1999
Heath Care Fraud & Abuse
Speeches and Presentations
Antitrust for the General Practitioner
 
April 19 and 20, 2007 (Houston), and May 10 and 11, 2007 (Dallas)
29th Annual Corporate Counsel Institute, Houston and Dallas
Panelist, The Intersection of M&A Deals and Antitrust
 
May 11, 2006
Houston Bar Association, Mergers & Acquisitions Section, Houston
The Filed Rate Defense in Energy Trading Cases
 
November 11 and 12, 2004
Energy Litigation Conference, co-sponsored by the Center for American and International Law and the American Bar Association, Environment, Energy, and Resources Section, Houston
Updates  
 
Augusy 13, 2009
 
May 2009
 
January 2009