Antitrust

Bob Frank, Mike Gass, Bob Buchanan, Christine Savage

Blue Chip Clients

BV Investment Partners
Cape Cod Healthcare
Crane & Co.
Genzyme
Harvard Pilgrim Healthcare
Heritage Partners
Hewlett-Packard
John Hancock
Mass Medical Society
Pegasystems
Riverside Partners
Spectrum Equity
Tele Atlas
Tillotson Corporation
Tufts Health Plan

Industry Reach

Biotechnology
Consumer electronics
Financial services and insurance
Food/beverages
Healthcare
Life sciences
Logistics/transportation
Manufacturing
Media
Medical products
Specialty manufacturing
Technology companies
Wholesaling

  • Choate launches a dedicated Complex Trial & Appellate Litigation Group comprised of seasoned trial attorneys from its leading litigation practice.  Read more...

  • toggle

    Over one-third of equity partners and majority of practice areas recognized for excellence.

  • toggle

    Choate was ranked among the best law firms in this year's US News - Best Lawyers "Best Law Firms" list, and has been named as an elite "National Tier 1" law firm in 4 practice areas.  Choate also received top "Tier 1" Boston rankings in 27 practice areas.  Read more...

  • Eric Marandett has been singled out as a 2015 Boston “Lawyer of the Year” by The Best Lawyers in America.  Read more...

  • Choate was recognized by Global Competition Review as an “Elite” firm—the highest rating given. 

    - Global Competition Review

  • toggle

    When two of the three leading health plans in Massachusetts entered into merger discussions, Choate offered antitrust guidance to both parties.  Choate counseled Harvard Pilgrim Health Care and Tufts Health Plan, whose merger discussions made front-page news, on the issues that significant competitors face in mergers, including what information the competitors are permitted to share with one another.

  • toggle

    Choate litigators won dismissal of an antitrust class action in the first decision of its kind to apply vertical analysis in the area of private label retailing—a sector that has become increasingly important during the recession.  Class action lawyers attacked an agreement between high-tech manufacturer Hewlett-Packard and its leading retailer, Staples, alleging that the agreement had an unlawful impact on private label sales.  By demonstrating that the agreement was lawful because HP and Staples have a primarily vertical relationship, Choate’s original and creative defense won dismissal of the case.

 

Antitrust

"a quality shop made up of lawyers who always impress with their practical and business-focused approach"    

Chambers USA

Experts in Antitrust Law 

Expert in all areas of antitrust, including litigating antitrust cases, advising on pricing and competitive strategies, and managing antitrust issues in complex transactions such as mergers, joint ventures and IP licensing.  Representing and advising clients in federal and state antitrust law:

  • Federal Trade Commission
  • US Department of Justice
  • State Attorney General’s Offices
  • Federal courts
  • State courts
  • Hart-Scott-Rodino compliance

Highly Experienced in Complex Antitrust Cases 

Highly experienced in complex antitrust cases, including:

  • Selected as joint counsel for merger discussions between the second and third largest HMOs in Massachusetts.
  • Won dismissal of class action complaint alleging allocation of markets in private label retailing.  Bedi v. Hewlett-Packard Co. and Staples.
  • Antitrust counsel for principal defendants in more than $3 billion antitrust claim asserted by United Airlines and its Creditors Committee; claims dismissed by Seventh Circuit Court of Appeals.
  • Persuaded Federal Trade Commission not to challenge Genzyme Corporation’s acquisition of development stage drug company, decision that was important landmark in the theory of "innovation markets."
  • Won $53 million judgment in nine-week jury trial for infringing copyright in computer software, after defeating opponent’s antitrust claims.  Data General v. Systems Support Corp.

High Level Counseling 

Strategic antitrust advice in structuring deals to prevent future problems.  Chair of Antitrust practice, Robert Buchanan: 

  • The Best Lawyers in America: “Lawyer of the Year” for Antitrust Litigation
  • Chambers USA, one of only six lawyers in Boston ranked at the top of his field
  • Past Chair of Antitrust Committee, Boston Bar Association
  • Past Vice Chair of Computer Industry Committee, ABA Antitrust Section

Leadership

Recognized leader in field:

Recent Publications

  • Top Antitrust Points for Mergers and Acquisitions
  • Growth by Buying: 5 Rules for Purchasing a Competitor
  • Supreme Court Changes One of the Basic Rules of Antitrust Law in 2007
  • Unanimous Supreme Court Opinions Affirm the Mainstream Consensus on Tying and Joint Ventures
  • Antitrust Law: The Roberts Supreme Court Narrows Slightly The Federal Statute Against Price Discrimination
  • Antitrust Enforcers Can Break Up a Transaction Even Outside The HSR Process – Recent FTC Actions Are a Reminder

Presentations

  • Antitrust Law: Advanced - Boston Bar Association
  • Managing Antitrust Issues Seminar - Chair, American Corporate Counsel Association, New England Chapter
  • Antitrust Guidelines For Collaborations Among Competitors - Massachusetts Continuing Legal Education
  • Antitrust Fundamentals (Mergers & Acquisitions) - American Bar Association Antitrust Section Spring Meeting
  • Practical Advice For In-House Counsel: Managing Litigation and Other Antitrust Controversies - Antitrust Issues in the Healthcare Industry ABA/AHLA Conference
  • Recent Antitrust Enforcement Involving Physicians - Boston Bar Association
  • Physician Unionization Seminar - Chair, Massachusetts Medical Society and Boston Bar Association
 

Thank you for reaching out to contact Choate. Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to Choate does not give rise to an attorney-client relationship, and will not be deemed to disqualify Choate from undertaking any engagement for a current or future client.  Before any attorney-client engagement may be formed, Choate will need to check for possible conflicts of interest, you will need to consider whether you wish to retain Choate as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, Choate reserves the right to represent parties with interests adverse to you.

AcceptDecline