ANTITRUST & COMPETITION

Massey & Gail’s attorneys have decades of experience in antitrust and competition law, including price-fixing, monopolization, market allocation, refusals to deal, tying, and other anti-competitive conduct. In jurisdictions around the country, our lawyers have represented both plaintiffs that have been harmed by anti-competitive behavior and defendants that have been accused of antitrust violations or violations of regulatory schemes designed to promote competition, such as the Communications Act.

Because of our work in this area, in 2015 we received a Global Competition Review award for Litigation of the Year – Non-Cartel Prosecution. Since then, our expertise has grown through addition of a partner who handled the Antitrust Division portfolio in the Associate Attorney General’s Office at the U.S. Department of Justice. Our breadth of experience gives us a 360-degree view of the challenges that antitrust and competition matters often pose.

REPRESENTATIVE MATTERS

Successfully briefing to the Ninth Circuit a landmark antitrust class action holding the NCAA liable under the federal antitrust laws for engaging in an agreement in restraint of trade to fix student-athlete compensation at zero. We persuaded the Supreme Court to deny the NCAA’s petition for certiorari. We then successfully briefed and argued the attorneys’ fee award for the entire legal team.
Representing plaintiffs in antitrust suits against tobacco companies for conspiring to suppress safer cigarette designs, against the NBA and satellite and pay-per-view television providers for agreeing to restrict broadcast of out-of-market games as part of packages sold to viewers, and against a gasoline supplier for an allegedly illegal tying arrangement and price discrimination.
Helping a major bank obtain a class action settlement regarding allegedly anti-competitive interchange fees in credit card networks.
Representing a defendant in major multi-district antitrust litigation over fuel surcharges in the transportation of rail freight.
Providing advice to a major client about developments and potential litigation related to antitrust issues and big tech.
Representing parties in regulatory proceedings and related litigation on competition issues, including: (1) a banking client’s response to numerous third-party subpoenas in U.S. v. Google and related antitrust litigation; (2) evaluation by the U.S. Department of Justice Antitrust Division of competition issues stemming from a corporate divestiture; (3) arbitrations, rulemakings, and adjudications about requirements and pricing mechanisms designed to foster local telephone competition; and (4) court cases, including three Supreme Court cases, about these requirements and about their interaction with the antitrust laws.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.