Stoll Keenon Ogden PLLC | Advertising Material

Stoll Keenon Ogden PLLC | Advertising Material

Antitrust, Trade Regulation & Franchise

Contact an Antitrust, Trade Regulation & Franchise Attorney


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

Static Control Components, Inc., et al. v. Lexmark International, Inc., et al., Case No. 04-84-GFVT (E.D. Ky) (multiple published decisions)

This multi-party, complex litigation involved claims for, among other things, patent infringement, antitrust violations, and false advertising.  SKO argued the issue of standing to assert false advertising claims in front of the Supreme Court on December 3, 2013.

Robinson-Patman Act

Counsel to Metalcraft of Mayville, Inc., d/b/a Scag Power Equipment in complex antitrust litigation initiated by New Albany Tractor, Inc. The Sixth Circuit Court of Appeals affirmed trial judgment in Scag Power Equipment’s favor under the Robinson-Patman Act. The Sixth Circuit also adopted my argument for the application of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) to motions to dismiss. The Sixth Circuit’s opinion can be found at New Albany Tractor, Inc. v. Louisville Tractor, Inc., 650 F.3d 1046 (6th Cir. 2011) and has already been cited by or relied upon by federal courts approximately 50 times since its entry.

Antitrust, Corporate Governance and Major Contract Counseling

Serve as antitrust counsel and corporate secretary to major manufacturing joint venture of two competing companies.  Involves antitrust compliance, governance matters, and negotiation and drafting of major contracts for construction and general procurement.

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.

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.

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.

Craig & Landreth, Inc. v. Mazda Motor of America, Inc., 744 F. Supp.2d 818 (S.D. Ind. 2010)

Craig & Landreth, Inc. v. Mazda Motor of America, Inc., 272 F.R.D. 461 (S.D. Ind. 2010).

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).

Antitrust, Constitutionality of State Law

Kendrick brought action on behalf of a major grocery chain claiming Sherman Act and Kentucky Constitution violations by a state agency in Kentucky Milk Mktng. & Antimonopoly Comm’n. v. Kroger Co., 691 S.W.2d 893 (Ky. 1985). The result invalidated state statutes regulating milk marketing.

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).


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