Antitrust & Trade Regulation
Areas of Antitrust Focus and Experience
We work to give quick, actionable advice and effective representation to assist our clients to achieve business objectives. We bring deep experience in the wide range of antitrust matters to our clients through cost-effective preventative law, counseling and successful litigation:
• Private and Government Civil Antitrust Litigation
• Joint Ventures, Strategic Alliances and Other Competitor Collaborations
• Mergers and Acquisitions
• Intellectual Property/Antitrust Litigation
• Robinson-Patman Litigation and Counseling
• Criminal Defense and Grand Jury Representation
• Counseling, Compliance, Prevention and Antitrust Audit
• Federal and State Trade Regulation Advocacy
• Capper-Volstead, Noerr-Pennington and other Antitrust Exemptions
• Trade Associations
• Hart Scott Rodino Premerger Notification
• Legislative Advocacy
Antitrust Attorneys
William Jay Hunter, Jr., Chair
(Former Partner, Howrey LLP; B.A. Northwestern (Economics); J.D., With Honors, George Washington)
Samuel D. Hinkle IV
(Former Partner, Bingham McCutchen; B.A., Summa Cum Laude, Washington and Lee (Economics); JD, Yale)
C. Kent Hatfield
(Former Trial Attorney, U.S. Dept. of Justice, Antitrust Division; B.S. Kentucky; J.D., With High Distinction, Kentucky)
Steven B. Loy
(B.A., With High Distinction, Kentucky; J.D., With High Distinction, Kentucky)
Craig Dilger
(B.S. Bellarmine (Economics); J.D. Northern Kentucky)
Lee A. Webb
(B.A., With High Distinction, Kentucky; J.D., Cum Laude, Louisville)
Justin D. Clark
(B.A., Cum Laude, Western Kentucky; J.D. Kentucky)
Anthony J. Phelps
(B.A., Summa Cum Laude, Kentucky; J.D., Magna Cum Laude, Louisville)
Brad S. Keeton
(B.A. Centre; J.D. Washington University)
Christopher L. Thacker
(B.A. Yale; J.D., Summa Cum Laude, Kentucky)
K. Timothy Kline
(B.S. United States Air Force Academy, Distinguished Graduate; M.A., Patterson School of Diplomacy and International Commerce, Kentucky; J.D., Magna Cum Laude, Kentucky)
Melanie R. Siemens
(B.A., Summa cum Laude, Vanderbilt; J.D., Cum Laude, Louisville)
Amy Wheeler
(B.A., Summa Cum Laude, Kentucky; J.D. Vanderbilt)
Stephen C. Hall
(B.A., Louisville (Chemistry) Magna Cum Laude; J.D., Cincinnati; Registered Patent Attorney)
Rebecca Ann Krefft
(B.E., Vanderbilt, Summa Cum Laude; Duke J.D., Cum Laude; Registered Patent Attorney)
Representative Antitrust and Trade Regulation Cases
Churchill Downs v. THG, et al., Case No.3:08-CV-225 (W.D. Ky. 2009) (group boycott claims dismissed with prejudice)
New Albany Tractor, Inc., v. Metalcraft of Mayville, Inc., d/b/a Scag Power Equipment, et al., 2010 U.S. Dist. LEXIS 352, 2010-1 Trade Cas. (CCH) P76,894 (W.D. Ky. 2010) (successful defense of Robinson-Patman Act claims against manufacturer and distributor of power mowing equipment)
Cutting Edge Enterprises, Inc. v. National Association of Attorneys General, et al., Case No. 06-CV-667 (S.D.N.Y.); Cutting Edge Enterprises, Inc. v. National Association of Attorneys General, et al., Case No. 07-CV-50585 (M.D.N.C. Bankr.) (group boycott case against 39 Settling States and NAAG in district court and bankruptcy adversary proceeding)
Daleure v. Kentucky, 119 F.Supp.2d 683, 2000 U.S. LEXIS 5692 (W.D. Ky. 2000); 269 F.3d 540 (6th Cir. 2001) (successful defense of Sherman Act and Robinson-Patman Act claims against telecommunications carriers providing inmate telephone services)
PTI v. Philip Morris Incorporated, 100 F.Supp.2d 1179, 2000-2 Trade Cas. (CCH) ¶72,974 (2000)(C.D. Cal. 2000) (successful defense of antitrust challenge to Master Settlement Agreement of Nov. 23, 1998)
Static Control Components, Inc., et al. v. Lexmark International, Inc., et al., Case No. 04-84-GFVT (Consolidated with Action No. 02-571) (E.D. Ky.) (multiple published decisions) (obtained dismissal of Sherman and Clayton Act counterclaims)
Arizona Cartridge Remanufacturers Ass'n v. Lexmark Int'l, Inc., 290 F.Supp.2d (N.D. Cal. 2003), aff'd 421 F.3d 981 (9th Cir. 2005) (defense of Cartwright Act unfair competition and antitrust claims; court granted complete summary judgment which was affirmed on appeal)
Richard Loreto v. Lexmark, Int'l, Inc. (E.D. Ky.) (obtained dismissal of class action claims brought under Section 2 of the Sherman Act)
In the Matter of B.A.T. Industries, et al. (F.T.C. Docket No. 9271, October 31, 1996) (secured unanimous FTC approval of divestiture of assets to new entrant following settlement of merger case)
Villafane v. Pediatric Cardiology Associates, et al. (W.D.Ky.)
(defense of group boycott case on behalf of several pediatric cardiologists and their professional corporation)
United States v. Ashland Oil, Inc., (W.D. Ky.); Impervious Paint Industries v. Ashland Oil, Inc., 508 F.Supp. 720 (W.D. Ky. 1981) (defense of a criminal price-fixing case, civil injunction action and parallel class action)
Kentucky Milk Marketing and Antimonopoly Commission v. Kroger, 691 S.W.2d 893 (Ky. 1985) (successfully invalidated state regulatory regime and defended retail marketer of milk and dairy products)
In re Cement and Concrete Antitrust Litigation, MDL No. 296 (D. Ariz.) (eight-year defense of nationwide price-fixing class action on behalf of cement manufacturers)
National Petroleum Refiners Ass'n v. FTC (D.D.C.) (litigation of environmental issues in challenge of the trade regulation rule to require gasoline octane posting)
United States v. First National State Bancorporation, 499 F.Supp. 793 (D.N.J. 1980) (successful trial defending bank merger on behalf of the Comptroller of the Currency)
American Floral Services, Inc. v. F.T.D. (7th Cir.) (appeal of issues of market power and barriers to entry on behalf of new entrant wire service)
United States v. Wallpaper Institute (E.D. Pa.) (proceeding to vacate antitrust consent order)
In re Standards and Certification Rulemaking Proceeding (FTC)
(representation of manufacturer and trade association in opposition to proposed trade regulation rule)