Antitrust Law

Leading Antitrust Lawyers in the Intermountain West

Clients rely on Parsons Behle & Latimer to represent them in a broad range of antitrust matters and related litigation. Parsons Behle & Latimer attorneys devote a substantial portion of their practice to this area and their experience and knowledge is as diverse as the issues involved. Lawyers in our antitrust group offer counsel in criminal and civil antitrust matters, merger analysis, vertical issues, pricing issues, intellectual property issues and more.

If your corporation has become involved in an antitrust lawsuit, or you are concerned about antitrust litigation affecting your business operations, contact Raymond J. Etcheverry, 801-536-6608, REtcheverry@parsonsbehle.com to schedule a consultation with an attorney in our litigation group. In addition to relying on a wealth of in-house support, our firm maintains close working relationships with a number of antitrust consulting economists nationwide.

Following are examples of representative matters:

Price Fixing: Several Fortune 500 companies have relied on our Antitrust Group for defense in cases involving price fixing allegations by the Department of Justice and private plaintiffs. The Antitrust law group also currently counsels several trade industry associations regarding price fixing issues. The firm was the lead defense firm in the explosives price fixing case and the medical waste price fixing case.

Monopolies: The Fifth Circuit upheld the summary judgment our antitrust law group won for Eimco Process Equipment Company (then part of Baker Hughes), which produces, among other products, treatment equipment. The aftermarket monopolization case was won on summary judgment based on lack of standing and lack of market power in the relevant product market. The firm represented NCR in a case alleging monopolization of truck stop credit cards. The firm helped represent Columbia HCA in a case alleging exclusive dealing.

The firm has defended numerous firms in antitrust actions brought by the Utah Attorney General and in turn the Attorney General has used our firm for support in several matters. We have also defended an allegation of abuse of a dominant position under Article 86 of the Treaty of Rome before the EC Commission in Brussels.

Mergers: When two prominent hospital mergers involving Columbia HCA and Holy Cross took place in Utah, our antitrust law group represented the clients involved by providing analysis and representation before the Federal Trade Commission.

The antitrust law group also successfully represented clients in several other mergers that involved concentration ratios above the DOJ/FTC Merger Guideline thresholds for likely challenge. Two such mergers involved Jack Parsons, a Utah firm in the business of ready-mix cement and asphalt, and a second asphalt producer, and the purchase by Owens Corning of a Utah producer of commercial insulation. Both were eventually approved.

The antitrust law group has also challenged both horizontal and vertical mergers in Federal District Court on behalf of plaintiffs. Both actions resulted in settlements. Members of our antitrust law group have helped numerous Fortune 500 companies in various capacities involving acquisitions investigated by the DOJ and FTC. Clients have included a major aerospace company and major food manufacturer.

Robinson Patman: Parsons Behle & Latimer antitrust lawyers have advised many corporations regarding pricing and promotional activities, and has filed several cases involving price discrimination.

Health Care: The antitrust law group has been active in helping physician networks comply with FTC/DOJ Health Care Guidelines. Our clients have included physician networks in Cache County, Davis County, Salt Lake County and Utah County, including numerous specialties.

Vertical Relationships: The antitrust law group litigated a tying case on behalf of the public power producers in Utah against PacifiCorp. The group also prosecuted a technological typing case for a local software company. In addition, they routinely advise on issues of distributor terminations, exclusive dealing, exclusive territories and other vertical issues.