Combining deep experience with a willingness to litigate aggressively, O’Melveny’s team of former federal prosecutors and antitrust regulators guides clients through every stage of a criminal proceeding, from preliminary investigation through potential government cooperation and all the way through trial.
To advance our clients’ interests with antitrust prosecutors, we use diplomacy or create trial risks for the government, including taking the case to trial. With in-depth knowledge of the U.S. Department of Justice Antitrust Division’s amnesty programs, we know their benefits for our clients, and how to defend clients when they are not in the programs.History of Success
O’Melveny has represented clients in virtually all the significant criminal antitrust investigations of the last 10 years. For most of those clients, no charges were ever filed and the investigation was not made public. In the few cases where DOJ did file charges, we were able to secure a very favorable resolution.Precedent-Setting Cases
We successfully defended a Japanese company in a precedent-setting criminal antitrust case that marked the first time criminal charges had been brought against wholly foreign conduct. In the case of United States v. Nippon Paper Indus, Co., Ltd., 62 F. Supp. 2d 173 (D. Mass. 1999), we defended NPI in a six-week criminal price fixing jury trial. This case was first time that a federal grand jury indicted a company for its alleged involvement in a wholly foreign conspiracy. After the jury deadlocked, the district court granted NPI’s motion for judgment of acquittal in a landmark ruling.Broad Experience
Our criminal antitrust experience is broad and varied. Along with conducting numerous internal investigations on behalf of domestic and foreign corporations of conduct that raises potential criminal and civil antitrust exposure, we have represented, among others: a foreign industrial chemical manufacturer in a grand jury investigation and parallel class actions alleging price-fixing; a high-level executive and Liquid Crystal Display panel manufacturer in connection with US DOJ Antitrust Division investigation; and an executive of a financial institution in antitrust and SEC investigations into bid-rigging allegations in the municipal finance industry.
AT&T and Time WarnerAs lead trial counsel for both AT&T and Time Warner, O’Melveny defended the companies’ landmark US$85.4 billion merger against claims by the Department of Justice’s Antitrust Division that the transaction would harm competition and should be blocked. Read
Advanced Micro Devices, Inc.O’Melveny represented Advanced Micro Devices (AMD) in a global fight against Intel Corporation for monopolizing the x86-microprocessor industry through scare tactics and coercion. With litigation and investigations spanning the US, EU, and Asia, O’Melveny helped AMD secure important victories. Read
Asiana AirlinesO’Melveny represented Asiana Airlines in what that the US Court of Appeals for the Ninth Circuit called “a matter of first impression.” Read
Chemtura CorporationO’Melveny represented Chemtura Corporation on multiple state and federal appellate and defensive fronts, including five separate federal multi-district litigation matters alleging conspiracies involving different products during separate time periods. Read
Honeywell InternationalAn O’Melveny team scored a victory for Honeywell International in a multi-district antitrust class action stemming from allegations of price fixing in the aftermarket auto filters industry. Read
MarriottO’Melveny secured a major victory for Marriott when Judge Jane Boyle of the Northern District of Texas dismissed antitrust and consumer protection claims against Marriott, other hotel defendants, and a group of online travel company websites, including Expedia and Travelocity. Read
Samsung ElectronicsO’Melveny has defended Samsung in a number of significant cartel matters over the last few years. Read
Samsung ElectronicsO’Melveny defeated antitrust claims seeking more than US$1 billion in actual damages—US$3 billion in treble damages—in multidistrict litigation alleging Samsung was part of a conspiracy to fix prices of optical disk drives. Read
US Airways/American AirlinesWhen DOJ sued to enjoin US Airways’ multibillion dollar merger with American Airlines in August 2013, US Airways hired Rich Parker and O’Melveny to act as lead trial counsel. Read
- Advanced Micro Devices, Inc.
- Asiana Airlines
- Capital One Financial Corporation
- Honeywell International
- Norsk Hydro ASA
- Precision Castparts Corporation
- Quest Diagnostics Incorporated
- SanDisk Corporation
- SK Hynix Inc.
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Making History: Six Strategic Trials in a Blockbuster Year of Antitrust Litigation
Over an 11-month period, our Antitrust & Competition Practice handled four major cases that resulted in six antitrust trials and achieved several historic decisions by jury and judge. Here we share the complex and diverse antitrust issues we dealt with in 2022.