James Kress is a Partner in Baker Botts’ Antitrust and Competition Practice, where he represents clients in complex private antitrust and commercial litigation and before government agencies in merger and nonmerger antitrust investigations.
Mr. Kress has handled antitrust and other commercial litigation matters, both in competitor actions and class actions, in a wide range of industries including advertising, avionics, computer hardware, food and beverage, healthcare, petroleum and oilfield services, lodging, construction materials, waste disposal and industrial equipment. These matters have addressed a variety of substantive legal theories, including monopolization, monopsony, boycotts, vertical distribution practices, price-fixing and market division, as well as the appropriateness of class certification.
As one part of his civil nonmerger practice, Mr. Kress has extensive experience working at the intersection of antitrust and intellectual property, including issues related to the acquisition, licensing and enforcement of standard essential patents. He has represented clients in connection with antitrust investigations into standards participation, patent licensing, patent transfers and enforcement practices before antitrust agencies worldwide, including the Department of Justice, Federal Trade Commission and European Commission.
In connection with merger reviews, Mr. Kress has represented numerous clients through the merger review process before both the Department of Justice and the Federal Trade Commission. Merger matters have included investigations involving health insurers, computer hardware and peripherals manufacturers, electronic media, coal mining, aerospace and defense, heavy construction equipment and industrial equipment.
Mr. Kress maintains an active antitrust counseling and compliance practice. He has structured and conducted antitrust audits and internal investigations related to price-fixing, bid-rigging and market allocation in a variety of industries.