Antitrust disputes are among the most complex and consequential commercial matters a company can face. They involve sprawling discovery, sophisticated economic modeling, and stakes measured in hundreds of millions or more. Whether the claim is a price-fixing conspiracy spanning an entire industry, a monopolization action challenging a competitor’s exclusionary conduct, or a multi-district class action affecting thousands of purchasers, antitrust litigation demands lawyers who combine deep substantive fluency with tried-and-true trial capability. We bring both.
Glenn Agre’s antitrust litigation practice covers the full spectrum of antitrust disputes: horizontal conspiracies including price-fixing and market allocation, monopolization and exclusionary conduct claims, individual opt-out actions, as well as class actions on behalf of both direct and indirect purchasers. Our lawyers have litigated antitrust matters across industries including healthcare, pharmaceuticals, food and agriculture, industrial products, financial instruments, and technology, in federal courts, multi-district litigation proceedings, and state courts nationwide.
Why Clients Come To Glenn Agre
Price-Fixing and Market Allocation Conspiracies
Horizontal price-fixing and market allocation conspiracies remain the most heavily prosecuted antitrust violations and among the most damaging to affected purchasers. These cases typically involve coordinated conduct across an industry and they demand attorneys who understand the economics of cartel behavior, the evidentiary challenges of proving (or defending against) conspiracy claims, and the dynamics of multi-party litigation. Glenn Agre’s attorneys have experience representing both plaintiffs seeking to recover overcharges and defendants facing conspiracy allegations in industries including healthcare with particular depth in matters involving pharmaceutical pricing, agricultural products, and financial instruments.
Monopolization and Exclusionary Conduct
Monopolization claims under Section 2 of the Sherman Act involve some of the most complex and economically significant litigation in the antitrust field. These cases require proving not just market dominance but that the defendant acquired or maintained that dominance through exclusionary conduct—predatory pricing, exclusive dealing, tying arrangements, or other anticompetitive practices that foreclosed competition. Our attorneys have represented both plaintiffs challenging monopolistic behavior and defendants accused of it, bringing the economic rigor and litigation capability these cases require.
Antitrust Class Actions
Class actions are the dominant vehicle for antitrust enforcement in the private sphere, and they present distinct strategic challenges whether a client is prosecuting or defending the claim. Glenn Agre’s attorneys have represented classes of direct and indirect purchasers seeking to recover losses caused by anticompetitive conduct and have defended companies targeted by class action plaintiffs alleging price-fixing, market allocation, and exclusionary behavior.
Antitrust Investigations
Antitrust investigations, whether initiated by the Department of Justice, the Federal Trade Commission, state attorneys general, or foreign regulators, can pose existential risks to a company and significant personal exposure to directors and officers. We represent boards of directors, special committees, and companies in connection with antitrust investigations, conducting internal investigations to assess exposure, advising on document preservation and production, preparing witnesses for government interviews, and developing strategies to manage regulatory risk while protecting the company’s litigation position.