Attorneys in our firm’s Antitrust practice group have the experience to master sophisticated legal and economic issues—and the litigation skills to sway judges and juries.
Our attorneys have prosecuted and defended civil treble damages actions; defended corporations in civil class actions in federal and state court; defended corporations and individuals in civil penalty actions; represented corporations in grand jury investigations; advised clients in FTC proceedings, under Justice Department investigations and civil investigations demanded by state Attorneys General; and represented clients involved in government investigations, criminal or civil actions involving other trade regulation statutes, i.e., RICO, foreign corrupt practices act, deceptive trade practices acts, consumer protection statutes and franchise and dealer protection laws.
Leonard, Street and Deinard shares client concerns about the cost and burden of litigation. That’s why we explore strategies to achieve a favorable result from the outset of a case. We often prevail after making early motions to dismiss antitrust claims, sparing clients the burden of massive disclosure of pertinent documents.
Leonard, Street and Deinard has represented the following clients in antitrust matters:
Uhr v. Responsible Hospitality Institute, Inc. et al.
We successfully represented Wine and Spirits Wholesalers of America in an antitrust case alleging a conspiracy among restaurants and others to eliminate certain types of promotional discounts in the sale of alcoholic beverages. In September of 2011, a Minnesota federal district court judge issued an order granting our joint motion to dismiss the case, with prejudice, for failure to state a claim. 2011 WL 4091866 (D. Minn. Sept. 14, 2011).
Egg Products Antitrust Litigation
We are defending Michael Foods in a collection of class action and individual antitrust lawsuits brought against egg producers and other entities. In a multidistrict proceeding consolidated in the Eastern District of Pennsylvania, the plaintiffs allege that egg producers conspired to reduce the supply of shell eggs in an effort to drive up the price.
Potato Antitrust Litigation
We are defending R.D. Offutt Company in a collection of class action antitrust lawsuits brought against potato producers and other entities. In a multidistrict proceeding consolidated in Idaho federal court, the plaintiffs allege that potato producers conspired to reduce the supply of potatoes in an effort to drive up the price.
Minnesota Made Hockey v. Minnesota Hockey et. al
We are defending Minnesota Hockey, a non-profit that organizes and administers youth hockey leagues throughout Minnesota, and others in connection with a lawsuit by a private, for-profit youth hockey service provider that challenges a player participation rule in one of Minnesota Hockey’s 13 districts under federal and state antitrust laws.
U.S. v. National Association of Realtors
We represented a national real estate company in connection with a lawsuit brought by the Department of Justice challenging NAR practices that allegedly discriminated against online brokers. We filed comments to aid the court in determining whether a proposed settlement of the litigation was in the public interest.
We successfully represented VISA in a class action antitrust lawsuit alleging that VISA and Mastercard violated Minnesota’s antitrust laws by imposing certain eligibility requirement on merchants that accepted credit cards as a form of payment. The court granted our client’s motion to dismiss the lawsuit, brought on behalf of indirect purchasers, for lack of standing. 2004 WL 2114991, 2004-2 Trade Cas. (CCH) ¶ 74,553 (Minn. Dist. 2004).
Microsoft Antitrust Class Action
We represented Microsoft in a class action antitrust lawsuit in Minnesota alleging that Microsoft violated Minnesota antitrust statutes by virtue of alleged monopolization of the market for Intel-based personal computers. After several weeks of trial, the case settled.
Howard v. Minnesota Timberwolves and Ogden
We represent the Minnesota Timberwolves in connection with the defense of claims brought by a freelance photographer under the Minnesota Antitrust Act. The defendants obtained summary judgment. The Minnesota Court of Appeals affirmed the decision.
Burger King Franchisee Litigation
Our antitrust attorneys represented Burger King Corporation in a federal court trial that included a multimillion-dollar claim that Burger King and Wendy’s conspired to violate antitrust laws in connection with a franchisee’s attempt to sell its restaurants. The jury rejected the antitrust conspiracy claim against Burger King and found that there was no agreement between Burger King and Wendy’s.
Northwest Title v. Edina Realty
We represented a real estate broker and affiliated title insurance company accused of violating federal antitrust laws in connection with the referral of title insurance customers. A federal district court judge granted our client’s early motion to dismiss the complaint in its entirety. 1993 WL 593995, 1994-1 Trade Cases P 70,485, (D. Minn. Dec. 11, 1993).
Our attorneys defended a petroleum products retailer against price-fixing charges brought by the Minnesota Attorney General. The jury returned a verdict in favor of our client and found that there was no conspiracy.
Bieter v. Blomquist
Our antitrust attorneys represented a law firm accused of conspiring to deprive a real estate developer of the zoning necessary to build a shopping center. A federal district court judge granted our client’s early motion to dismiss the complaint in its entirety against our client on the grounds that the law firm was immune from antitrust liability.
Local v. Lamaur and Victory v. Lamaur
Our attorneys represent a manufacturer against price-fixing and boycott allegations brought by distributors in federal district courts in Indiana and Chicago. A federal judge in Indiana granted our client’s summary judgment motion, and that motion was sustained on appeal to the Seventh Circuit. The Chicago distributor then dismissed his action.
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