Antitrust Litigation

Dedicated Representation in Antitrust & Unfair Competition Litigation

Blecher Collins & Pepperman has earned an unparalleled reputation in the field of antitrust litigation. Our firm has been at the forefront of major developments in antitrust law over the last four decades, and our cases are routinely cited in antitrust and restraint-of-trade litigation throughout the United States.

Founding partner Maxwell M. Blecher is a recognized authority on antitrust and competition law, and he has litigated numerous landmark cases before the U.S. Supreme Court, federal appellate and district courts across the country, and California state courts. Through these precedent-setting decisions, Blecher Collins & Pepperman opposed some of the largest entities in the country and reined in their monopolistic practices. Conversely, we have successfully defended major corporations against unfounded civil antitrust suits waged by competitors and the Department of Justice.

“Antitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise. They are as important to the preservation of economic freedom and our free-enterprise system as the Bill of Rights is to the protection of our fundamental personal freedoms.” — Justice Thurgood Marshall writing for the majority in United States v. Topco Associates, Inc., 405 U.S. 596, 610 (1972).

Our trial lawyers are known for aggressive representation and progressive application of the Sherman Act, Clayton Act, Robinson-Patman Act and other federal laws, as well as the Cartwright Act, Unfair Business Practices Act, and other protections under California law. We handle cases involving such anticompetitive practices as:

  • Price fixing
  • Price discrimination
  • Predatory pricing
  • Below cost pricing
  • Monopolization and attempted monopolization
  • Illegal tying, bundling, or tie-ins
  • Boycotting of sellers who refuse to engage in wrongful practices
  • Allocation of “turf” (customers, territories)

Representative Cases

Blecher Collins & Pepperman has prosecuted and defended a wide spectrum of cases in state and federal courts in California, Hawaii, New York, and nationwide. A brief sampling of our successful results includes:

  • Obtained a jury verdict in favor of a local exchange carrier in litigation against Pacific Bell for monopolizing or attempting to monopolize telephone service in California
  • Favorably settled antitrust claims for our clients, Los Angeles County and other municipalities, against companies alleged to have fixed prices in the national gas industry
  • Favorably settled a claim by independent sellers of Yellow Pages advertising against publishers accused of conspiring to eliminate commissions
  • Obtained summary judgment in favor of a national movie theater chain against a competitor alleging an antitrust conspiracy with the major motion picture studios
  • Obtained summary judgment in federal district court in favor of a Las Vegas resort in a case alleging Sherman Act antitrust violations
  • Successfully defended at trial and on appeal a national movie theater chain against charges of monopolization and restraint of trade brought by the U.S. Department of Justice
  • Successfully defended a major oil company in an alleged antitrust class action suit resulting in a landmark California Supreme Court decision
  • Favorably settled claims brought on behalf of a bicycle component manufacturer in litigation involving its patented products
  • Favorably settled a price discrimination claim by a cigarette retailer against a cigarette manufacturer
  • Effectively resolved claims against a professional sports league on behalf of an apparel manufacturer
  • Favorably settled an antitrust case for a major waste management and trash collection company against its competitor
  • Saved the business of a major seller of farm equipment threatened with termination by the manufacture
Attorneys:  Donald R. Pepperman