Antitrust

Menaker & Herrmann LLP has advised its business clients on antitrust issues since the Firm was founded in the early 1980′s. The Firm has analyzed merger and acquisition scenarios to determine whether they pass muster under applicable standards promulgated by the United States Department of Justice and the Federal Trade Commission. We have assisted with Hart-Scott-Rodino filings and second requests, and have both defended and challenged proposed transactions with U.S. and foreign regulators. The Firm served as lead counsel in successfully defending against a Clayton Act, Section 7, claim attacking a client’s merger, resulting in a notable decision at the district court level, affirmed by the court of appeals.

Other antitrust matters handled by the Firm have included counseling on distribution and pricing issues, on sharing of financial information and on network questions. The Firm has extensive experience in defending against claims of price-fixing, both civil and criminal, as well as representing witnesses in connection with grand jury investigations. Representative multidistrict cases include the so-called NASDAQ spreads litigation and the nationwide Petroleum Products litigation. The Firm has also represented antitrust plaintiffs, including physicians involved in commercial disputes with other physicians and health care organizations.

Steve Houck served as the Chief of New York State’s Antitrust Bureau from 1995 to 1999, and represented New York and 20 other states as lead counsel in the government lawsuit against Microsoft. He is a long-time member, and former Chair, of the Executive Committee of the Antitrust Law Section of the New York State Bar Association. Dick Menaker is a long-time member of the American Bar Association Section of Antitrust Law and a former member of the Standing Committee on Antitrust and Trade Regulation of the Association of the Bar of the City New York.

Representative Matters

  • Represented physicians with antitrust claims in litigation against various health care institutions; one lawsuit was settled on favorable terms after the court denied defendants’ motion to dismiss; a second such lawsuit resulted in a major Second Circuit decision in favor of the clients.
  • Represented public company which was the subject of a federal grand jury price-fixing investigation with no criminal charges brought against the firm’s client.

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