Bingham

Bingham
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Antitrust, Competition and Trade Regulation

Bingham is widely recognized for our work in antitrust, competition and trade regulation law. Our group is highly ranked by Chambers Global 2011, Best Lawyers and Chambers USA, and has been described as “a superb team of tremendous attorneys who offer advice of the absolute highest quality.”

Experience

  • Intel — Represented Intel in suit filed by the New York Attorney General alleging monopolization of the x86 microprocessor market under federal and New York antitrust laws, arising from Intel’s above-cost discounting. After the court dismissed most of the case on summary judgment in late 2011, it settled favorably in early 2012.
  • Sharp — Representing Sharp in direct and indirect purchaser class actions and opt-out litigations alleging price-fixing in the sale of consumer electronics displays.
  • Morgan Stanley Capital Group — Represented Morgan Stanley and obtained dismissal in separate federal and state court actions alleging federal and state antitrust violations arising from a financial swap transaction relating to the price of New York City electrical capacity. The courts in both actions granted Morgan Stanley’s motions to dismiss, holding that the claims were barred by the filed rate doctrine, federal preemption and lack of standing.
  • Intel — Representing Intel in a consolidated civil putative antitrust class action brought on behalf of current and former employees of Apple, Pixar, Lucasfilms, Intuit, Adobe and Intel alleging collusion in the payment of employee salaries.
  • SanDisk — Representing nonparty SanDisk in a lawsuit challenging its licensing policies relating to standards development. In January 2012, the U.S. District Court for the Northern District of California dismissed the case, with prejudice, as time-barred. We are also representing SanDisk in the Oliver case, a follow-on putative class action to this case.
  • Genzyme — Representing Genzyme in a challenge to its international distribution rights for medical devices.
  • Qualcomm — Representing Qualcomm in a Japan Fair Trade Commission investigation of its licensing practices.
  • Royal Bank of Canada — Represented Royal Bank of Canada (RBC) in a lawsuit alleging an industry-wide bid-rigging conspiracy in the municipal derivatives market. We obtained the dismissal of 19 of the 20 cases filed against RBC.
  • Tempur-Pedic — Obtained victory for Tempur-Pedic, manufacturer of mattresses and sleep-related products, in national antitrust class action alleging violations of the Sherman Act. Currently representing client in New York Attorney General’s Office investigation of client's retail price policy.
  • Financial Institution (confidential) — Advising a major financial institution in two European Commission investigations and a related DOJ investigation into Credit Default Swaps.
  • Technology Company (confidential) — Representing a major technology company in a Korean Fair Trade Commission investigation.
  • Consumer Electronics Company (confidential) — Representing client in restructuring its worldwide distribution network, involving competition laws in dozens of countries.

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