Antitrust Litigation
Litigation | AntitrustWe represent clients in antitrust litigation including monopolization claims, price-fixing allegations, and merger challenges, with expertise at the IP/antitrust intersection.
Overview
Defending Competition Claims
Antitrust litigation involves complex economic analysis and significant exposure. MC Law's Antitrust Litigation practice represents clients in civil antitrust disputes and government enforcement.
Civil Antitrust Defense
We defend against monopolization allegations, price-fixing claims, tying and bundling disputes, and exclusive dealing challenges.
Government Investigations We represent clients in DOJ and FTC investigations, responding to civil investigative demands and defending enforcement actions. IP/Antitrust Interface We handle disputes involving patent licensing practices, standard-essential patents, and FRAND obligations. Class Action Defense We defend antitrust class actions, challenging class certification and developing substantive defenses. Merger Litigation We represent parties in merger challenges and defend against government opposition. Economic Analysis We work with economists to develop market analyses and present economic evidence effectively.Our Services
litigation
Federal registration and validity opinions
class-actions
Federal registration and validity opinions
patent_litigation
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
The Sherman Act prohibits agreements in restraint of trade and monopolization. The Clayton Act addresses mergers, exclusive dealing, and tying. The FTC Act prohibits unfair methods of competition. State antitrust laws provide additional enforcement mechanisms.
Per se violations like price-fixing are automatically illegal regardless of market effects. Rule of reason analysis weighs pro-competitive benefits against anti-competitive harms for conduct like vertical restraints. The categorization significantly affects defense strategy and liability exposure.
Private plaintiffs can recover treble damages (three times actual damages), attorneys' fees, and injunctive relief. The treble damages provision makes antitrust claims particularly high-stakes and incentivizes private enforcement of antitrust laws.
The DOJ and FTC investigate through civil investigative demands, grand jury subpoenas in criminal cases, and voluntary interviews. Investigations may result in civil enforcement actions, criminal prosecution for hard-core violations, or closing without action.
Immediately engage experienced antitrust counsel, implement a document hold, assess the scope of the investigation, evaluate privilege issues, and develop a response strategy. Early cooperation decisions and potential leniency applications require prompt assessment.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
