Antitrust and Competition Litigation

Our Antitrust and Competition Litigation practice includes all aspects of private civil litigation relating to antitrust and competition disputes, representing clients in both civil and criminal enforcement matters, and counseling businesses on a range of antitrust and competition matters integral to their operations, including compliance with applicable regulations.

Our attorneys have decades of experience litigating civil antitrust and competition disputes in trial and appellate courts, including defending clients in class action suits against allegations of cartel behavior, litigating disputes among companies relating to allegations of monopolization and other exclusionary conduct, and defending clients in FTC and DOJ civil enforcement actions.  We routinely coordinate with economic experts in formulating litigation strategy and in preparing and presenting claims and defenses.

We regularly assist companies and executives in enforcement proceedings relating to allegations of criminal violations of antitrust and competition law.  In cooperation with our Chambers and Legal 500-ranked white collar defense team, our antitrust litigators have a superb record in achieving favorable results for clients facing government enforcement actions.  Further, we have particular strength in helping companies navigate parallel government and civil actions, working with them to determine the most advantageous litigation strategy when facing multiple actions relating to the same conduct.

Our attorneys also regularly assist companies in evaluating antitrust concerns that arise in the regular course of business or when evaluating potential mergers, acquisitions, and other transactions with competitive implications, and in representing parties to such transactions before the FTC, DOJ, and federal courts, including filing pre-merger notifications under the Hart-Scott Rodino Act.

We regularly draft, implement, and advise on antitrust compliance programs and provide antitrust compliance training for our clients.

Two partners in our Antitrust and Competition Litigation practice have served in leadership roles within the ABA Antitrust Section for years, and our senior attorneys regularly lecture and write on issues of interest to the antitrust community.

Key Contacts

All Attorneys

Antitrust and Competition Litigation Representations

Defending Norwegian ocean shipping company in private civil antitrust class action alleging cartel activity among shipping companies.

Defending a major financial institution in an action alleging conspiracy and boycott in violation of state antitrust law in preventing the use of a patented method of financing airport terminal construction.

Defended one of the country’s largest manufacturers of disposable cups and plastic cutlery against allegations of criminal and civil cartel activity in the industry; no criminal charges were brought and obtained dismissal of civil case.

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Antitrust and Competition Compliance and Counseling Representations

Regularly provide antitrust advice to a wide variety of clients regarding distributor and resale pricing, price discrimination, bundled and discounted pricing, potential mergers and joint ventures, collaborations and communications with competitors, and other issues with antitrust implications.

Serve as outside antitrust counsel and provided antitrust advice to a wide variety of trade associations in industries including vertical lift, metals, household cleaning products, financial services, concrete pavement, and residential construction.

Represent European multinational retailer in a variety of antitrust compliance and training matters.

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Antitrust & Competition lawyer John Roberti has been recommended as a Global Leader and Thought Leader in the Competition section of the Who’s Who Legal (WWL) 2022 Global Guide. The WWL guide “brings together the insight, expertise and wisdom of some of the world’s foremost competition lawyers and economists in a single report.”

Roberti joins a distinguished group of lawyers and other professionals who, according to WWL, “are worthy of special mention owing not only to their vast expertise and experience advising on some of the world’s most significant and cutting-edge legal matters, but also their ability to innovate, inspire, and go above and beyond to deliver for their clients.” Cohen & Gresser is one of only a handful of midsize law firms in the U.S. to be recognized in the Competition category.

Who’s Who Legal is an organization that identifies the foremost legal practitioners and consulting experts in business law based on comprehensive, independent research. The individuals featured in the guide obtained the largest number of nominations from peers, corporate counsel, and other market sources.

International law firm Cohen & Gresser has been recognized in The Legal 500 United States 2022 guide for “bringing excitement and innovation to the practice of law.” The 2022 guide recognizes more C&G lawyers and practice areas than ever before, including a 58% increase in individual attorney recommendations and new rankings at the practice and “Leading Lawyer” levels.

The guide highlights C&G’s “elite group of practitioners” and use of advanced machine learning techniques and notes that the firm “handle[s] cases that are every bit as complex and challenging as big, national law firms.” Commentators noted that the firm “punches way above its weight” in litigation and investigation matters.

C&G Co-Founder Mark S Cohen is one of only two lawyers in the United States to be recognized as a “Leading Lawyer” in both Securities Litigation: Defense and Corporate Investigations and White-Collar Criminal Defense. Commentary from The Legal 500 recognizes Mark as a “top-tier advocate” who is “at the top of the profession” and “can litigate with the best of them.”

For the first time, C&G’s Antitrust practice has been recognized in Antitrust: Civil Litigation/Class Actions: Defense for its handling of class action cases concerning allegations of cartel behavior, monopolization, and other exclusionary conducts. The Legal 500 cites the leadership of Melissa H Maxman and the addition of “heavyweight” lawyer John Roberti as key reasons for the practice’s recognition.

C&G is again recognized in the Advice to Individuals and Advice to Corporates categories of the Corporate Investigations and White-Collar Criminal Defense section. The Legal 500 commentary notes that the practice is led by “partners with deep experience who obtain excellent results for clients” and is “well placed to handle transatlantic cases” with offices in New York, Paris, and London, and has “particular expertise in financial crime, antitrust enforcement, public corruption, and tax issues.”

The guide has also recognized C&G once again in the General Commercial Disputes category, praising the practice for showing the “discipline and focus necessary to win a case.” Testimonials from the guide highlight the team’s ability to “handle large and complex matters” with “experienced people, good judgment,” and “better use of technology.”

For the 10th consecutive year, C&G has been recognized in the Securities Litigation: Defense category for the firm’s “expertise in the financial services sector” and “recognized trial expertise” in cross-border and domestic securities litigation and enforcement proceedings. The Legal 500 emphasizes the team’s “strong practitioners” and “attentiveness to clients” in the 2022 guide.

Recognized Practices:

  • Antitrust: Civil Litigation/Class Actions: Defense
  • Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
  • Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
  • General Commercial Disputes
  • Securities Litigation: Defense
Recognized Individuals:

Antitrust: Civil Litigation/Class Actions: Defense

  • Melissa H Maxman
  • John Roberti
  • Ronald F Wick
Corporate Investigations and White-Collar Criminal Defense

  • Jonathan S Abernethy
  • Jason Brown
  • Mark S Cohen
  • S Gale Dick
  • Jeffrey I Lang
  • Melissa H Maxman
  • Reggie Schafer
General Commercial Disputes

  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
  • Melissa H Maxman
  • Daniel H Tabak
Securities Litigation: Defense

  • Jonathan S Abernethy
  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
About The Legal 500:

The Legal 500 analyzes the capabilities of law firms across the world. Its rankings “highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel.”

International law firm Cohen & Gresser received high praise in the Chambers USA 2022 guide for its “best-in-class service” and “first class work.” Chambers highlights the firm’s responsiveness, reliability, and trial capabilities as key drivers of its success. Clients note that the firm is “highly responsive,” “incredibly easy to work with,” and “always delivers outstanding results.”

C&G’s Commercial Litigation practice is once again ranked in Litigation: General Commercial: Highly Regarded. The practice is recognized for being “regularly sought after by individuals and corporates for representation in securities class actions and derivative matters, as well as various shareholder and product litigation.” Clients note that the team is comprised of “litigators that you don’t want to mess with” and is one that “you can rely on.”

C&G’s White Collar Defense & Regulation practice is ranked in Chambers USA for the ninth consecutive year. The practice maintains its position as one of the “Elite” firms in Litigation: White-Collar Crime & Government Investigations. Chambers highlights the practice’s “talented pool of litigators with a wealth of government experience” and its “international presence” as key reasons for its continued ranking. Commentary from the guide notes that the practice is “a substantial player in the New York white-collar world” that has “burst onto the scene with strong former prosecutors” and “good results for their clients.”

Ranked Departments:

  • Litigation: General Commercial: Highly Regarded
  • Litigation: White-Collar Crime & Government Investigations: The Elite
Ranked Lawyers:

District of Columbia

Antitrust: Litigation Specialists

New York

Litigation: General Commercial

Litigation: Securities Litigation: White-Collar Crime & Government Investigations  
International law firm Cohen & Gresser today announced that prominent antitrust litigator John Roberti has joined the firm’s Antitrust practice as a partner in its Washington, D.C. office. John’s arrival is part of the firm’s strategic expansion of its Antitrust & Competition capabilities and will strengthen its ability to provide strategic counsel in all aspects of antitrust litigation and investigations. He will work alongside distinguished antitrust litigators Melissa H Maxman and Ronald F Wick in Washington, D.C., to form a dynamic team of leading antitrust lawyers who are deeply entrenched in many of the most consequential antitrust matters ongoing in the U.S.
Reuters covered the recent summary judgment by the New York Supreme Court to dismiss allegations brought against Goldman Sachs & Co. LLC and two other Wall Street banks in a case alleging a boycott in violation of the Donnelly Act, New York’s antitrust statute.

Cohen & Gresser is pleased to announce that 38 of the firm's New York and Washington D.C.­based attorneys have been named to the 2021 Super Lawyers List across a wide range of practice areas. C&G co­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

Super Lawyers

Jonathan S Abernethy: Criminal Defense: White Collar
Kwaku Andoh: Mergers & Acquisitions
Elizabeth Bernhardt: Business Litigation
Thomas E Bezanson: Personal Injury – Products: Defense
Colin C Bridge: Criminal Defense: White Collar
Karen H Bromberg: Intellectual Property
Jason Brown: Criminal Defense: White Collar
Damir Cefo: Intellectual Property Litigation
Joanna K Chan: Securities Litigation
Mark S Cohen: Business Litigation
S Gale Dick: Business Litigation
Christian R Everdell: Criminal Defense: White Collar
Lawrence T Gresser: Business Litigation
Oliver S Haker: Business Litigation
Johannes Jonas: Mergers & Acquisitions
Nicholas J Kaiser: Real Estate
Jeffrey I. Lang: Business Litigation
Melissa H Maxman: Antitrust Litigation
Ellen Paltiel: General Litigation
Nathaniel P T Read: Business Litigation
Bonnie J Roe: Securities & Corporate Finance
Stephen M Sinaiko: Business Litigation
C Evan Stewart: Securities Litigation
Daniel H Tabak: Business Litigation
Scott D Thomson: Business Litigation
Alexandra Wald: Business Litigation
Ronald F Wick: Antitrust Litigation

Rising Stars

Luke Appling: Civil Litigation
Sharon L Barbour: Criminal Defense: White Collar
Drew S Dean: General Litigation
William Kalema: Business Litigation
Sophia Soejung Kim: Criminal Defense: White Collar
Sri Kuehnlenz: Civil Litigation
Winnifred A Lewis: Securities Litigation
Marvin J Lowenthal: Criminal Defense: White Collar
Barbara K Luse: Criminal Defense: White Collar
Matthew V Povolny: Business Litigation
Benjamin Zhu: Criminal Defense: White Collar

The Biden Administration has made its picks for antitrust leadership, and they are all members of an intellectual movement to increase antitrust enforcement in big tech and beyond. What broader impacts will these appointments have and what are some of the challenges they will face? C&G’s Melissa H Maxman co-hosts this episode of the podcast “Our Curious Amalgam,” presented by the American Bar Association’s Antitrust Section, where she spoke with Bill Kovacic, Former Chair of the FTC and Director of the Competition Law Center at George Washington University, to discuss how the nearly decade-long debate about antitrust reform may play out in the new administration.
Melissa H Maxman is featured in The Athletic, in which she discusses the NCAA’s argument to exempt its amateurism rules from federal antitrust scrutiny. “The NCAA is going to try to backdoor into an antitrust exemption the same way baseball did,” Melissa said. “The baseball exemption came to be accidentally through a Supreme Court ruling, and it’s just gone on and on. It is bad law. That is what I fear here.” (Subscription required.)

Cohen & Gresser is pleased to announce that 35 of the firm's New York and Washington D.C.­based attorneys have been named to the 2020 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.
We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.

Christian R Everdell has been promoted to partner, and Joanna K Chan, Erica Lai, and David F Lisner have been promoted to counsel.

"Congratulations and thanks to each of these exceptional attorneys for their commitment to excellence, integrity, and superb client service. We are very fortunate to have them," said Managing Partner, Lawrence T Gresser.

We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

Melissa H Maxman was quoted in a Bloomberg article regarding Google’s internet dominance and the effects on internet searches, noting that “bringing plaintiff cases in the U.S. will be challenging, especially after the Federal Trade Commission closed its investigation of Google in 2013.”

The Capitol Forum Interview Series features a discussion with Melissa H Maxman, Managing Partner of C&G's Washington, D.C. office. 

View the interview here

Twenty-two of our New York and Washington, D.C.-based attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partners Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to both its list of top 50 women lawyers and top 100 lawyers in the New York metropolitan area.
Cohen & Gresser is pleased to announce the expansion of the firm's Litigation & Arbitration practice, as partner Ronald F Wick and associate Erica Lai have joined our Washington, D.C. office. Ron's practice focuses on litigation concerning trade regulation, antitrust, and commercial disputes. He was previously a partner in Cozen O'Connor's  Washington, D.C. office. Erica's practice focuses on complex commercial litigation, including antitrust, False Claims Act, administrative law, copyright litigation, and breach of contract. Prior to joining the firm, Erica was a senior associate at Covington & Burling LLP.

Cohen & Gresser is pleased to announce the opening of its fourth office in Washington, D.C. The Washington office will be led by partner Melissa H Maxman, and will handle a range of commercial litigation and regulatory enforcement matters, with a focus on U.S. antitrust issues, criminal and civil litigation, and compliance and regulatory disputes in the federal agencies.

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In his latest column for the Federal Bar Council Quarterly, C Evan Stewart explains how the Supreme Court tackled – and fumbled – the Sherman Antitrust Act.

Twice in the past month, the Federal Trade Commission (FTC) unanimously announced consent decrees that are a strong signal of the current Commission’s intent to investigate private equity transactions aggressively.

  • The consent decrees allow the private equity fund JAB Consumer Partners SCA SICAR's National Veterinary Associates to close two recent deals with some divestitures but also impose a series of strict prior notice requirements that are unprecedented in their breadth.
  • The announcements come a month after the confirmation of a fifth commissioner that gave the Democrats a 3-2 majority on the FTC.
  • As long as Democrats control the majority, private equity firms should be prepared for additional scrutiny and be cognizant of other competition issues that may impact them.
In this client alert, John Roberti, Melissa Maxman, Ronald Wick, David Lisner, and Derek Jackson discuss the potential implications of these rulings for private equity firms and offer insight into how PE firms can be more cognizant of competition and antitrust compliance issues that may pose a potential risk moving forward.  

Melissa H Maxman and Ronald F Wick examine the impact of the Leegin Creative Leather Products Inc. v PSKS Inc. ruling a decade after the decision.

Offering insight to multinational corporations in terms of navigating within, among, and between the different policies and agendas of antitrust regimes around the world.

Melissa H Maxman will speak at the ABA Class Actions 2022 Conference on a CLE panel titled, “Don’t Squat on Your Spurs: Ethical Issues in Class Actions Involving Injury and Experts.” The panel will look at what constitutes injury-in-fact and the ethical, strategic, and policy concerns it creates.

Melissa H Maxman moderates this ABA Business Law Section virtual panel entitled “Protections Against Self-Incrimination – What International Corporations Should Know” that explores the interplay of international white-collar crimes (focusing on antitrust violations in jurisdictions where these are treated as criminal offenses) and the evidentiary right against self-incrimination, for both individuals and corporations in the antitrust context.

The panel discusses the rights against self-incrimination in parallel criminal and civil cases, in a comparative-law approach across five jurisdictions – the US, Canada, UK, Switzerland, and Brazil. Also discussed is a discourse of best practices as to how an international corporation’s board addresses allegations of impropriety in the context of an antitrust case scenario.

Melissa H Maxman will moderate a panel during the ABA Litigation Section’s 2021 Women in Litigation Joint CLE Conference. This empowering conference will include 16 dynamic programs highlighting women leaders,  emotional intelligence, and the gender gap. Melissa’s panel will explore the judiciary’s role in promoting diversity in legal leadership.

Melissa H Maxman will speak on a panel titled “Antitrust and Politics: Are We Entering a New Era?” during the Pennsylvania Association of Criminal Defense Lawyers’ 2021 White Collar Practice Seminar.

In an upcoming program for Lawline, Melissa H Maxman and Ronald F Wick explore NCAA v. Alston, the first comprehensive case addressing the NCAA's scope of authority in more than 35 years.

In June of 2021, the Supreme Court of the United States unanimously held that the National Collegiate Athletic Association ("NCAA") has violated the Sherman Act with its rules limiting the amount of education-related compensation colleges and universities can provide to student-athletes. However, the Court did not define what constitutes education-related compensation, and the NCAA still has the ability to define the outer boundaries of that term.

This webinar will consider NCAA v. Alston as it relates to the Sherman Act and the implications the Court's decision will have.

Melissa H Maxman presented in this ABA Antitrust Section webinar where she discussed the rise in private antitrust class actions and outlined clear steps to ensure the best strategies to prevent and defend against different types of anticompetitive allegations.

Melissa Maxman joined a conference call hosted by The Capitol Forum to discuss the pending Supreme Court case NCAA v. Alston. During the call, Melissa discussed antitrust exemptions and the O’Bannon case and spoke about the impact these and other issues will have on the pending Alston case.

Erica Lai presented on monopolization, attempted monopolization, conspiracy to monopolize cases brought under Section 2 of the Sherman Act on a panel discussing “Antitrust Fundamentals” at the 2021 Spring Meeting put on by the American Bar Association’s Antitrust Law Section.

Erica Lai served as the moderator of a panel discussion titled “Promoting Women’s Professional Development And How Men Can Help – During the Challenges of the Pandemic and Beyond.” The panel was hosted by American Bar Association Antitrust Law Section’s Women.Connected committee.

Melissa H Maxman presented a CLE on "Preventing and Defending a Private Civil Class Action Price-Fixing Lawsuit: Best Practices for a New Decade" at a program hosted by Lawline.  She outlined clear steps to ensure the best strategies to prevent and defend against different types of anticompetitive allegations.

Melissa H Maxman appeared on an episode of Our Curious Amalgam’s podcast series, titled “When is Doing Good Bad? Antitrust in Social Responsibility Agreements,” hosted by John Roberti, leader of the Antitrust Section of the American Bar Association.

Listen to the episode here.

Melissa H Maxman spoke on a panel, titled “At The Intersection of Labor and Antitrust: New Trends in Non-Poaching Litigation,” at an Antitrust Economics Workshop at the 46th Annual Conference on International Antitrust Law and Policy hosted by Fordham University School of Law.

Melissa H Maxman participated in a presentation, titled “The Incoherent Justification for Naked Restraints of Competition: What the Dental Self-Regulation Cases Tell Us about the Cavities in Antitrust Law” at the 19th Annual Loyola Antitrust Colloquium at the Loyola University Chicago School of Law.

Partner Melissa Maxman appeared on Legal Talk Network’s podcast series ‘On the Road’ on the ‘Antitrust Exemptions in Sports--& More!’ episode. She joined host Creighton Macy of Baker McKenzie, and panelists Sathya Gosselin of Hausfeld and Kim Scott of Miller Canfield, in a discussion about antitrust exemptions in sports, antitrust careers, and litigating sports cases.

Association of Transportation Law Professionals (“ATLP”)  87th Annual Meeting in New Orleans

Melissa Maxman was a panelist at this event. 

Multiple presentations while at the U.S. Department of Justice, including to the U.S. Navy, officials and military in Guam, and agencies and governmental bodies in California, Nevada, and Alaska.