Antitrust Compliance and Litigation

ADSUAR has provided sophisticated counsel to companies facing antitrust issues since 1994. Our antitrust lawyers practice complex commercial litigation, representing clients at the trial and appellate court levels, and have secured several significant victories reflected in published opinions, particularly in the federal courts and against class-action suits. We have also represented clients in proceedings before the U.S. Federal Trade Commission and the Office of Monopolistic Affairs of the Puerto Rico Department of Justice, including in connection with its review of proposed acquisitions, and routinely counsel clients with respect to antitrust compliance issues.

Our litigation experience includes claims under Section 1 and Section 2 of the Sherman Act, including allegations of unreasonable restraint of trade, group boycott, unlawful exclusive dealing arrangements, attempts to monopolize, monopolization and maintenance of monopoly power, price fixing and unfair or deceptive trade practices. Some of the published antitrust cases we have handled include Govt of Puerto Rico v. The Carpenter Co., 442 F.Supp.3d 464 (D.P.R. 2020)(dismissing unjust enrichment claim based on alleged price-fixing conspiracy); In Re Puerto Rico Cabotage Antitrust Litigation, 815 F.Supp.2d 448 (2011)(objection to attorney fee request resulting in additional $3MM to plaintiff class); Sterling Merchandising, Inc. v. Nestle, S.A., 656 F.3d 112 (1^st Cir. 2011)(affirming judgment dismissing restraint of trade, monopolization and exclusive dealing claims under Sherman Act); Eastern Food Services, Inc. v. Pontifical Catholic University Services Ass’n, Inc., 357 F.3d 1 (1st Cir. 2004)(affirming dismissal of exclusive dealing claims under Sherman Act); Podiatrists Ass’n v. La Cruz Azul de Puerto Rico, Inc., 332 F.3d 6 (1st Cir. 2003)(affirming dismissal of Sherman Act restraint of trade and commercial disparagement claims).

We have represented clients in a wide variety of industries, including manufacturing, electronics, pharmaceuticals, petrochemicals/energy, health care, oil and gas, financial services, distribution and food services.

More recently we have represented defendants in insulin pricing lawsuits and climate change litigation that includes causes of action based on antitrust statutes and unfair trade practices regulations.

The antitrust and trade regulation team of attorneys at Adsuar can provide the guidance you need when facing disputes against businesses, consumer groups and government agencies.