Decades Of Experience In Antitrust And Unfair Competition
KBS attorneys have extensive expertise in antitrust and unfair competition law. They have litigated antitrust and unfair competition claims in both state and federal courts, tried cases to verdict, and handled appeals. In addition to our federal practice, we have particular knowledge of California’s unique antitrust, unfair competition and price discrimination regime – which diverges from its federal counterpart in important respects. KBS attorneys also offer antitrust counseling to businesses, including manufacturers and distributors.
Our lawyers also have particular knowledge concerning the intersection of intellectual property and antitrust law, as well as how antitrust laws apply to trade associations. This includes the misuse of standard setting organizations to engage in collusion and tying arrangements relating to patented technologies. We have litigated claims for and consulted with clients in numerous industries, including manufacturing and distribution, semiconductor, pharmaceutical, medical device, health care, cable television, film, music and sports. Our lawyers have been recognized for their expertise in antitrust law by Chambers, Best Lawyers, Super Lawyers, and the Los Angeles Daily Journal (Top Antitrust lawyers). Additionally, the KBS team includes an antitrust professor of law and a former Deputy Attorney General for the California Department of Justice (Antitrust Section). KBS attorneys also serve as editors to a leading California treatise on antitrust and unfair competition law.
Representative claims include:
- Price fixing
- Bid rigging
- Monopolization
- Attempted monopolization
- Monopoly leveraging
- Bundling
- Tying
- Group boycotts
- Price discrimination
- Predatory pricing
- Market allocation, customer allocation and territorial allocation
- Refusal to deal claims
- Exclusive dealing claims
- California’s Unfair Competition Law under Section 17200
- Minimum resale price and minimum advertised pricing policies
- Motion picture clearance and circuit dealing disputes
- Noncompete agreements
A few highlighted cases include:
- Representing specialty pharmacy against pharmacy benefits manager and its affiliated specialty pharmacy in federal district court for claims involving monopolization and restraints of trade.
- Defending a technology company against federal and state antitrust claims. KBS successfully obtained dismissal of the claims and successfully handled the appeal at the Federal Circuit.
- Representing opt-out health care entities against generic pharmaceutical companies for price fixing.
- Serving as co-lead counsel in a putative class action alleging price fixing through MAP policies in the archery industry in multidistrict litigation.
- Defending a health care products company against allegations made by a market participant that the company engaged in restraints of trade, including a noncompete provision, under California antitrust law.
- Defending labor union against allegations of antitrust conspiracy by a developer, including a ruling by the Ninth Circuit Court of Appeals affirming dismissal.
- Representing health care provider against manufacturer of health care products for vertical price fixing under California antitrust law.
- Representing ticket brokers against sports franchises for alleged violations of state antitrust laws.