Modern distribution systems are laden with the potential for liability, not only to parties up and down the chain of distribution, but to competitors, customers, and state and federal authorities. The pitfalls are many, ranging from federal and state antitrust statutes to protective statutory schemes such as the Wisconsin Fair Dealership Law and various franchise investment acts.
Godfrey & Kahn's Litigation Group and Antitrust Team regularly handle the full spectrum of such disputes. The firm's attorneys have managed numerous antitrust and consumer litigation matters in state and federal courts across the United States involving an array of antitrust claims, including resale price maintenance, price discrimination, tying arrangements, minimum advertised price arrangements, bid rigging and price-fixing. In addition, the firm has had extensive experience in product distribution antitrust litigation and litigation involving the Wisconsin Fair Dealership Law (widely regarded as the most protective dealership statute in the nation).
The Antitrust Team includes several of the firm's senior litigators who form the nucleus of antitrust trial teams, including Bill Levit, Howard Pollack, Kevin O'Connor and Dan Flaherty. For example, Mr. O'Connor was lead counsel for the state attorneys general in federal court litigation in several states involving resale price maintenance, insurance boycotts, mergers, price-fixing, complex indirect purchaser litigation and exclusionary practices. He was also lead state counsel in the case brought by 19 states and the US-DOJ against Microsoft in federal court in the District of Columbia.
The Antitrust Team has handled criminal matters in federal and state courts. The experience of the team in prosecuting criminal antitrust cases at both the federal and state level has proved invaluable to clients.
Additionally, Godfrey & Kahn litigators have represented our clients in a wide variety of disputes over advertising, labeling and licensing. Many of these involve special statutory provisions regulating such matters; other disputes are governed primarily by contract. The firm's litigators have defended other cases involving state and federal consumer protection statutes as well.