Antitrust is one of Hughes Hubbard’s oldest and most respected practices. We have handled prominent cases in this field since the defense of the famous Alcoa case – the cutting edge monopolization case of its day, both in terms of substantive issues and the practicalities of devising relief which was acceptable to the Government but protected the client’s core interests. The focus of our work continues to involve dealing with cutting-edge issues and achieving practical solutions. The group is headed by James B. Kobak, Jr. and comprises 20 members, including senior lawyers in each of our offices.
Hughes Hubbard’s Antitrust Practice Group supports clients with advice in business planning and transactions and representation in investigations and all forms of litigations. We actively litigate a wide range of antitrust and related cases in both trial and appellate courts nationwide, and before administrative agencies. We recently presented successful arguments before the district court and court of appeals on behalf of a number of major pharmaceutical companies in connection with a claim arising out of efforts to market imports. We are litigating other cases, including class actions, involving competitive issues in the pharmaceutical, defense and other industries, and have recently successfully defended price fixing and monopolization cases in fields as diverse as industrial equipment and higher education.
In addition to defending clients before the state and federal agencies and in the courts, the Antitrust Practice Group regularly represents clients in mergers and joint ventures, and in designing and implementing antitrust compliance programs and providing ongoing advice to business units. We work closely with in-house counsel as well as attorneys from the firm’s corporate, litigation and intellectual property departments. Our nationally recognized arbitration and ADR practice has presented or presided over mediation or arbitration of antitrust, competition, and related issues. The Firm, through its Paris office, has also handled
a wide range of European competition matters, including administrative proceedings before
the Commission and major arbitrations involving competition issues, and we work on many cross-border projects and transactions.
Our lawyers have focused for many years on antitrust/intellectual property issues in the pharmaceutical, music and other industries. We have written pioneering articles and monographs on issues such as intellectual property misuse and trial of patent-antitrust cases, lectured extensively and taught advanced law school seminars on these subjects, and been asked by government representatives to testify or consult on the relationship between antitrust and intellectual property law.
The HH&R Approach to Antitrust
- Use experienced people
- Work as a team internally and with the client
- Be responsive, up to date, and well informed
- Be available
- Be flexible
- Be rigorous in analysis but practical in approach
- Be clear and straightforward in advice and conclusions
- Look beyond reflexive answers and litigation strategies
- Don’t reinvent the wheel but see if there’s a better mode of transportation
James B. Kobak, Jr.
(212) 837-6757