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.

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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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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

We are pleased to announce that twenty-two of our U.S.-based C&G 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 this region. 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.
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. Ronald'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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For nearly a century, resale price maintenance was a per se antitrust violation. Then, on June 28, 2007, the U.S. Supreme Court held that the legality of RPM should be determined on a case-by-case basis under the rule of reason. Now that a decade has passed since the landmark ruling in Leegin Creative Leather Products Inc. v. PSKS Inc., this article examines its impact.

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 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.