Advertising Material

Advertising Material


Antitrust, Trade Regulation & Franchise

Contact an Antitrust, Trade Regulation & Franchise Attorney

OVERVIEW

Stoll Keenon Ogden’s Antitrust, Trade Regulation & Franchise practice provides quick, actionable advice and effective representation to achieve business objectives. We bring extensive experience in a range of antitrust, trade regulation and franchise matters on local, national and international levels to our clients and offer cost-effective preventative measures, counseling and successful litigation.

Our scope of services includes:

  • Private and government civil antitrust litigation
  • Dealer termination and franchise litigation
  • Joint ventures, strategic alliances and other competitor collaborations
  • Mergers and acquisitions
  • Intellectual property and 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 association counseling
  • Hart Scott Rodino premerger notification
  • Legislative advocacy

Work Highlights

Patent Infringement, False Advertisement & Antitrust

Lexmark International, Inc. v. Impression Products, et al., Case No. 10-564-MRB (S.D. of Ohio)

SKO, along with Sidley Austin LLP and Banner & Witcoff, represented Lexmark in a closely-watched patent case at the Federal Circuit Court of Appeals. In a dispute brought by Lexmark over remanufactured printer cartridges, the Federal Circuit held in Lexmark’s favor on domestic and international patent exhaustion issues.  The case is now pending before the United States Supreme Court and will be argued on March 21, 2017.

Injunctive Relief, State Insurance Regulation

Obtained injunctive relief for major retailer of vision care products against major insurer of vision care for violation of state “any willing provider” law.  Dr. Mark Lynn & Assocs., PLLC v. Vision Service Plan Ins. Co., 2005 U.S. Dist. LEXIS 24820 (U.S.D.C. W.D. Ky. 2005).

Antitrust, Robinson-Patman Act

Successfully defended manufacturer of lawn and garden equipment against Robinson-Patman Act claims in distribution before Sixth Circuit and District Court.  New Albany Tractor, Inc. v. Louisville Tractor, Inc., 650 F. 3d 1046 (2011); New Albany Tractor, Inc., v. Louisville Tractor, Inc., 2010 U.S. Dist. LEXIS 352, (U.S.D.C. W.D. Ky. 2010).

Patent Infringement, False Advertisement & Antitrust

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)

This multi-party, complex litigation involved Lexmark, a major provider of printing and imaging products and services. Lexmark asserted claims for, among other things, patent infringement and inducement to commit patent infringement. The lead opposing party, Static Control Components, asserted claims against Lexmark for, among other things, antitrust violations under the Sherman Act and Clayton Act and false advertising claims under the Lanham Act. Lexmark obtained dismissal of the Sherman Act and Clayton Act antitrust claims and a favorable ruling upholding Lexmark’s single-use restriction on its printer cartridges under the Uniform Commercial Code. On June 3, 2013 the United States Supreme Court granted Lexmark’s petition for writ of certiorari to resolve a circuit split on the proper test for standing to assert Lanham Act false advertising claims.  Steven argued the case in front of the Supreme Court on December 3, 2013.

Automobile Franchise Litigation, Breach of Franchise Agreement, Bad Faith, Fraud & Deceptive Practices

SKO successfully represented an automobile manufacturer against claims of breach of franchise agreement, bad faith, breach of contract, fraud, and deceptive practices brought by a former franchised dealer. The claims involved complex issues relating to the manufacturer’s allocation and distribution policies of new automobiles to franchised dealers, as well as claims involving oral promises of a new dealership. After achieving summary judgment in the client's favor, resolving all claims except the breach of franchise agreement claim, the jury found on our client's favor after trial.

Franchise Dispute, Lanham Act Violations & Personal Guarantees

This complex franchise dispute included claims that certain franchisees were in violation of their franchise agreements based on the management structure of the franchisees. The franchisor sought to terminate the franchises and recover monetary damages from the franchisees and personal guarantors. SKO successfully argued against the lawsuit taking place in the franchisor's home state. All claims, including claims against both the franchisee and the personal guarantors, were transferred to the home state of the franchisee and guarantors.

Antitrust, Constitutionality of State Law

Brought action on behalf of major grocery chain claiming Sherman Act and Kentucky Constitution violations by state agency.  Result invalidated state statutes regulating milk marketing.  Kentucky Milk Marketing & Antimonopoly Com. v. Kroger Co., 691 S.W. 2d 893 (1985).

REPRESENTATIVE ENGAGEMENTS

KFC Corp. v. Texas Petroplex, Inc., No. 11-00479, 2012 U.S. Dist. Lexis 144342 (W.D. Ky. Oct. 5, 2012) Secured transfer for lack of personal jurisdiction of individual franchise owners.

Craig & Landreth, Inc., et al. v. Mazda Motor of America, Inc., 744 F. Supp. 2d 218 (S.D. Ind. 2010) Successful defense of $62,000,000 claim against automobile manufacturer by dealer, winning summary judgment on five counts and a jury verdict on the remaining count

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

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

News

Publications