Jones Waldo’s antitrust attorneys have extensive experience in every aspect of antitrust law. Jones Waldo was one of the pioneer practitioners of antitrust law in Utah, extensively involved in matters that have had both local and national implications, including critical newspaper joint operating agreements. This activity has expanded beyond news-related clients to include successful litigation and counseling in many industries for multiple clients. Our past success, coupled with significant recent activity, including large and complex antitrust cases, has earned a solid reputation in the field that contributes to Jones Waldo’s continuing success in antitrust and related areas of law throughout the country.
Our areas of expertise, which have been tested in numerous matters, include price fixing, territorial and customer allocation, and both horizontal distribution restraints (e.g. price fixing, market allocation) and vertical distribution restraints (e.g. resale price maintenance, distributor restrictions). We also handle monopolization issues, the antitrust implications of mergers, joint ventures and acquisitions, price and promotional service discrimination and unfair, and deceptive trade practices. For our clients involved in large transactions, we provide Hart-Scott-Rodino filings.
Civil and Criminal Litigation and Counseling, and Industry Experience
We have successfully represented many clients in both the prosecution and defense of cases under various federal and state antitrust statutes. In addition, our lawyers represent clients involved in criminal antitrust investigations, counsel clients with respect to the Robinson-Patman Act, draft compliance manuals and present at compliance seminars. Our antitrust experience crosses many industries including: food and drug retailing, sporting goods, medical products, nutritional products, telecommunications, publishing, construction, health care (hospital mergers, physician joint ventures, creating networks, managed care contracting and joint purchasing), motion picture marketing, and petroleum distribution, to name a few.
Recent Representative Cases
- Rocky Mountain Medical Center, Inc. v. Northern Utah Health Care Corporation (St. Mark's Hospital) (represented defendant in state antitrust action alleging boycott)
- Fulldraw Productions v. Browning (represented defendant in national boycott case)
- Dialmark v. PPG (represented plaintiff in Sherman Act claims regarding national software market)
- Rocky Mountain Milk Producers v. Western Dairymen Cooperative Inc. (represented defendant in price-fixing case)
- United States v. Sta-Dust Inc. (represented defendant in price-fixing territorial allocation case)
- Petrolane v. Bodrero (represented plaintiff in declaratory action against state agency related to state action immunity)
Our attorneys represent and counsel clients regarding compliance with federal and state antitrust laws and laws concerning unfair competition. An important aspect of our antitrust practice is the design and implementation of compliance programs, including audits. Such compliance programs include pricing and related policies, mergers, distribution agreements, franchise terminations, non-competitive agreements and joint ventures.
AttorneysJames S. Lowrie (Group Leader)
Timothy C. Houpt
Nathan D. Thomas