Focusing on all aspects of an antitrust or unfair competition matter

Overview

Parsons Behle & Latimer’s antitrust and unfair competition team offers a unique combination of litigation experience and substantive economics knowledge. Parsons' antitrust and competition attorneys have extensive experience in a diverse range of civil and criminal antitrust areas such as:

  • Merger analysis
  • Price fixing and other coordinated activity issues
  • Resale price maintenance and minimum advertised pricing policies
  • Geographic and customer allocations
  • Antitrust class actions
  • Antitrust damages analysis
  • Monopolization or attempted monopolization
  • Intellectual property and antitrust
  • Compliance counseling

Our team of litigators is comprised of antitrust practitioners, including a Ph.D. economist, to provide clients with a unique approach to antitrust issues. The team maintains close working relationships with several nationally-preeminent antitrust economics experts.

Unfair Competition

Parsons' antitrust attorneys have represented clients in a variety of unfair competition cases throughout the country and have experience in virtually all types of unfair competition matters, including: 

  • Trademarks
  • Trade dress and trade name infringement
  • False advertising
  • Deceptive trade practices
  • Non-compete agreements
  • Theft of trade secrets

We work with clients effectively and efficiently to develop strategies to protect against all types of unfair competition.

Team

Key Contacts

View the full team

Capabilities

Antitrust Litigation

Parsons Behle & Latimer’s antitrust litigators represent plaintiff and defendant clients in complex antitrust cases throughout the country. Parsons’ antitrust team consists of top lawyers and economists who devote a substantial portion of their practice to antitrust litigation. They have represented clients in matters involving all facets of antitrust law, including price fixing, monopolization, group boycotts, price discrimination, exclusive dealing and abuse of a dominant position under Article 86 of the Treaty of Rome before the European Commission. They have appeared before the Federal Trade Commission (FTC), Department of Justice (DOJ), several state Attorneys General and in many courts throughout the country on antitrust-related matters. They have a close working relationship with the Utah Attorney General, and as a result, the Attorney General has utilized the team for support in several matters.

Economic Damages Analysis of Antitrust Claims

Parsons Behle & Latimer's attorneys, with extensive backgrounds in economics, can provide a comprehensive examination of the financial aspects of your antitrust claim. Parsons’ Antitrust team has, among its many talented antitrust attorneys, Cory D. Sinclair a Ph.D. economist who has appeared as an economic expert in antitrust cases. Mr. Sinclair often performs sophisticated market analysis for clients, including calculating diversion ratios, concentration ratios, market shares, entry analysis, and empirical damage analysis. He is an adjunct faculty member in the department of economics at the University of Utah and has previously worked in the Antitrust Division of the United States Department of Justice. Mr. Sinclair often works closely with retained experts to perform market or damages analysis and has unique experience on the use of experts and the admissibility of expert testimony.

Healthcare Antitrust

Parsons Behle & Latimer's antitrust attorneys have strong experience with the antitrust issues that can arise in the healthcare industry and work with clients on constantly evolving antitrust laws. Parsons' antitrust team represents physician groups throughout the state of Utah, guiding them through the complex Federal Trade Commission (FTC) and Department of Justice (DOJ) healthcare guidelines. We have provided counseling on issues related to messenger model physician groups, physician-owned medical facilities, employment relationships with hospitals and other healthcare providers and mergers involving physician groups and hospitals. We have also defended physician groups during DOJ investigations and continue to counsel these clients through the evolving health care laws related to antitrust.

Merger Analysis

Parsons Behle & Latimer's antitrust attorneys counsel clients during all phases of the merger process. They are actively involved in their clients’ mergers and acquisitions analysis, including preparing the appropriate pre-notification filings with the Federal Trade Commissions (FTC) and Department of Justice (DOJ). Parsons' attorneys provide antitrust analysis during the early due diligence phase, including sophisticated market analysis and identification of potential problem areas. We also prepare the necessary pre-notification filings and work with the FTC and DOJ to get timely approval of the finalized transaction. Our antitrust attorneys have appeared before the FTC and DOJ on several occasions, including successfully representing clients in mergers that involved concentration ratios above the merger guideline thresholds for likely challenge.

Unfair Competition Litigation

Parsons Behle & Latimer's skilled litigators counsel clients on all aspects of unfair competition laws and take all steps necessary to guard your interests. Our attorneys have represented clients in a variety of unfair competition cases throughout the country, including matters involving trademarks, trade dress and trade name infringement; false advertising; deceptive trade practices; non-compete agreements; theft of trade secrets; and other related types of claims. Our attorneys have extensive experience in litigating such claims, and, where appropriate, obtaining or defending against temporary restraining orders and preliminary injunctions.