Antitrust and Competition Litigation

Ober|Kaler’s Antitrust and Competition Group has many years of experience in defending and prosecuting private party and government agency actions throughout the country. Our group includes two former trial attorneys with the health care enforcement section of the U.S. Department of Justice Antitrust Division and a former staff attorney with the Federal Trade Commission, Bureau of Competition. We have a successful track record in litigating antitrust claims and issues under the federal and state antitrust laws. Ober|Kaler’s antitrust attorneys are best known for their formidable representation of hospitals, physicians and other health care entities across the country, but have also represented sporting goods manufacturers, retail stores, financial institutions and many other types of businesses.

Examples of recent litigation successes include:

Obtaining dismissal for a general acute-care hospital in a suit alleging antitrust claims based on revoking the privileges of physician-investors in a specialty hospital, Little Rock Cardiology Clinic v. Baptist Health, 591 F.3d 591 (8th Cir. 2009).
Obtaining summary judgment for a professional association in an antitrust action alleging standard-setting to exclude plaintiff’s product, Neotonus, Inc. v. American Medical Assoc. and American Urological Assoc., 554 F. Supp.2d 1368 (N.D. Ga. 2007), aff’d per curiam, 270 Fed. Appx. 813 (11th Cir. 2008).
Litigating on behalf of hospitals, managed care plans and physician groups.

We represent clients in a wide range of antitrust and competition law litigation, including:

Private party treble damages litigation, including trial and appellate work, on behalf of defendants and plaintiffs
Government agency investigations and enforcement actions, including those arising from the merger review (HSR) process, prosecuted by the:
- Federal Trade Commission
- U.S. Department of Justice Antitrust Division
- State Attorneys General
Alternative dispute resolution, as both a resolver and an advocate in arbitration and mediation
Large-scale electronic document discovery and production (“E-discovery”)

Whether handling a complex government investigation or litigating a private antitrust suit, Ober|Kaler antitrust attorneys provide clients with invaluable analysis, advice and advocacy to achieve their business goals.

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