Antitrust Law | Litigation

Why MoFo?

Facing a private antitrust action, drawing the scrutiny of government enforcers, or looking to bring your own antitrust claim? Our antitrust litigation team will help you understand your options and develop an approach that fits your particular need. Whether a client's objectives are best realized by strategic motion practice, trial, settlement, or an alternative path, we have the tools, techniques, and artistry to craft the solution. We collaborate with our clients to identify the path that maximizes results and minimizes legal and business risks.

That's part of why we were named Antitrust Litigation "Law Firm of the Year" by U.S.News/Best Lawyers for 2011-2012—an award based on client and peer feedback on our expertise, responsiveness, integrity, cost-effectiveness, and depth of business understanding.

What Does MoFo Bring to the Table?

We have:

  • An industry-leading understanding of price-fixing, vertical restraints, monopolization, and price discrimination claims
  • The complex litigation know-how to address class certification, multidistrict proceedings, discovery, and expert testimony
  • A great facility with often-complicated antitrust economics
  • The expertise of former government officials from the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC)
  • The know-how in key jurisdictions around the world to develop global defense strategies in cartel damage claims

We also have one of the deepest litigation benches in the world that includes 120 lawyers with first-chair trial experience, and we are the only law firm to have four lawyers on National Law Journal's annual "Winning" list four years running.

Our Track Record of Success

Our antitrust litigators' record of success spans civil and criminal matters; individual and class actions; full trials and appeals; and every substantive area of antitrust. Recent litigation matters include:

  • Representation of global auto parts manufacturer in defense of multi-district class actions that resulted from the U.S. Department of Justice's largest ever criminal investigation, involving allegations of price-fixing for certain auto parts.
  • Representation of a financial institution in an MDL proceeding that consists of a class action brought on behalf of every merchant in the U.S. who accepts Visa and MasterCard payment cards, alleging price-fixing and tying claims and more than 10 actions by a number of large merchants making parallel claims. This is the largest private antitrust case ever brought.
  • Successfully represented a major international transportation company in the U.S., EU, Brazil, and Asia in connection with an investigation of alleged price-fixing in the freight forwarding industry and related class action civil litigation.
  • Representation of a major international hotel chain in defense of multi-district class action litigation alleging conspiracy to fix hotel room rates.  The court dismissed all claims against the client.
  • Successfully represented a Japanese electronics company and its subsidiaries in an administrative investigation and follow on civil litigations regarding LCD components. 
  • Secured dismissal of 51 separate nationwide class action conspiracy claims in In re LTL Shipping Services Antitrust Litigation.
  • Won motion to dismiss and subsequent Ninth Circuit affirmance of putative antitrust class action relating to late fees charged by banks.
  • Won Second Circuit affirmance of dismissal with prejudice of an antitrust action brought by a patent troll.
  • Represent a Japanese conglomerate in the defence of a follow-on damages claim by Microsoft Mobile Oy Ltd. in relation to lithium ion batteries.
  • Representation of a Fortune 500 technology company and other large commercial purchasers of dynamic random access memory (DRAM) as opt-outs in multi-district class action litigation to recover damages resulting from price-fixing cartel among certain DRAM suppliers. The litigation obtained favorable settlements up to the eve of trial.
  • Won motion to dismiss putative consumer antitrust class action in the payment card industry.
  • Convinced the U.S. Court of Appeals for the Ninth Circuit to uphold two summary judgment victories for our client against a long-running class action in In re ATM Fee Antitrust Litigation
  • Achieved the first court win in over a decade against an FTC merger challenge in a non-healthcare case in FTC v. Arch Coal
  • Secured a rare corporate not-guilty verdict for an industrial construction company after a full criminal antitrust trial
  • Obtained a unanimous decision from the FTC—affirmed by the U.S Court of Appeals for the Sixth Circuit—after a full administrative trial in In re Realcomp

U.S. News – Best Lawyers® Best Law Firms 2011-2012
Antitrust Litigation "Law Firm of the Year"

U.S. News – Best Lawyers® Best Law Firms 2017
National: Antitrust Law
National: Litigation - Antitrust
New York: Antitrust Law
New York: Litigation - Antitrust
San Francisco: Litigation - Antitrust
Washington, D.C.: Antitrust Law
Washington, D.C.: Litigation - Antitrust

Chambers Asia-Pacific 2017
Japan: Competition/Antitrust

Chambers Global 2017
USA: Competition/Antitrust

Chambers USA 2017
Nationwide: Antitrust
California: Antitrust
Washington, D.C.: Antitrust

Global Competition Review 2011 (11th edition)
Global 100 directory

Legal 500 Asia-Pacific 2017
Japan: Competition/Antitrust 

Legal 500 Europe, Middle East & Africa 2011
Belgium: EU Competition

Legal 500 US 2017
Mergers, Acquisitions and Buyouts: Antitrust
Antitrust: Cartel
Antitrust: Civil Litigation

PLC Which lawyer? 2010
EU Competition: European Union: Competition/Antitrust
Japan: Competition/Antitrust
United States: California: Los Angeles: Competition/Antitrust
United States: California: San Francisco and Silicon Valley: Competition/Antitrust

PLC Which lawyer? 2009 Global 50 Portrait
Dispute Resolution noted as global area of excellence

U.S.News Best Law Firms
Antitrust Litigation
"Law Firm of the Year"

“The firm is excellent. They provide the hard advice and manage complex global investigations seamlessly.”
(Chambers USA 2015)

“They know the industry and the business well so that they are able to provide helpful legal advice that reflects the realities of both the company and the industry.”
(Chambers USA 2015)

“Morrison & Foerster LLP has a ‘very good reputation’ in the market.”
(Legal 500 US 2015)

Global Competition Review 100

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