Contact: Lori A. Schechter or W. Stephen Smith
Morrison & Foerster has a long and distinguished track record of successfully representing and counseling clients in a wide
range of complex antitrust matters. The firm has achieved successful outcomes for numerous clients facing critical antitrust
challenges, including antitrust litigation and pre-merger review by antitrust agencies. Morrison & Foerster’s antitrust practice
includes a broad and deep team of seasoned, marquee trial and antitrust attorneys, to whom many organizations have turned
when facing must-win situations in litigation or before antitrust agencies. The scale of the practice, with experienced antitrust
lawyers in each major office around the world, allows the firm to handle a wide range of matters involving multi-state and
international issues seamlessly. Clients also benefit from the team’s depth of experience in every aspect of antitrust law
and expertise in a wide range of industries, including computer hardware and software, semiconductors and components, transportation,
communications, biotechnology, consumer products, and energy.
Morrison & Foerster lawyers have represented parties in antitrust litigation initiated by private parties as well as governmental
agencies, from the trial stage through all levels of appeal. Notable recent cases include EchoStar Communications Corp. v. Gemstar-TV Guide International, Inc. , In re Vitamins Antitrust Litigation, American Booksellers et al. v. Barnes & Noble, et al. , The Coca-Cola Company v. Omni
Representative Matters
In Re Publication Paper Antitrust Litigation. The firm represents Norske Canada, one of the world’s leading producers of papers including directory, newsprint and uncoated
groundwood papers, in more than twenty-five federal multi-district and state court antitrust class action suits in eleven
jurisdictions against major producers of publication papers, as well as in related antitrust enforcement agency matters world-wide.
In re Currency Conversion Fee Antitrust Litigation. The firm represents Bank of America in antitrust class action litigation against certain credit card networks and card-issuing
banks regarding foreign currency conversion fees.
EchoStar v. Gemstar. The firm successfully represented EchoStar Communications Corporation in an action alleging that Gemstar engaged in monopolistic
conduct and unreasonably restrained trade in the licensing and sale of interactive television program guide technology and
products.
In re Natural Gas Antitrust Cases I, II, III and IV. The firm represented El Paso Corporation and its subsidiaries in one of the broadest and most comprehensive antitrust settlements
ever reported in energy litigation, resolving disputes between El Paso, the states of California, Nevada, Washington, and
Oregon, and private litigants arising out of the so-called “California energy crisis.”
Oracle/PeopleSoft. The firm represented Oracle in its $10.3 billion tender offer for PeopleSoft. The transaction was reviewed by the Department
of Justice, the European Commission and other competition authorities.
Hitachi/IBM. The firm represented Hitachi Ltd. in its $2 billion acquisition of IBM’s hard disk drive business. The transaction was reviewed
by the Federal Trade Commission, the European Commission and other competition authorities.
JDS Uniphase/SDL. The firm represented JDS Uniphase Corporation in its $41 billion acquisition of SDL. The transaction was reviewed by the
Department of Justice, the Canadian Competition Bureau and other competition authorities.
