Clients turn to Wiggin and Dana’s Antitrust and Technology Disputes Practice Group because of our broad experience litigating and advising on a wide variety of complex antitrust and technology issues. We are relentlessly client focused, representing a diverse group of clients nationwide, including leading technology companies, international pharmaceutical companies, manufacturers, hospital systems, startups, franchisors and others. Each step of the way, we work hand-in-hand with clients to offer practical and efficient solutions to support their legal and business needs. We also have decades of experience litigating and advising on consumer protection and unfair trade practices matters.
Litigation and Appeals
Our team has been actively litigating some of the largest and most impactful antitrust and technology cases in recent years. We currently represent clients in three separate and significant antitrust MDLs involving technology platforms, generic drugs, and real estate brokerage rules. We were part of the core trial team representing Epic Games that secured a jury verdict against Google in federal court in California, a win which Global Competition Review awarded the firm “Litigation of the Year.” We were also part of the trial team that won a first-of-its-kind permanent injunction against Apple on behalf of Epic Games. We were also part of the trial team that achieved a victory in the International Trade Commission and a favorable settlement for Qualcomm on the first day of trial in federal court. We currently serve as lead counsel representing a large generic pharmaceutical company in the generics pricing MDL, and serve as lead counsel representing the interests of real estate brokerage firms in connection with the real estate brokerage antitrust litigation.
Government Investigations and Advocacy
We represent clients before the United States Department of Justice and the Federal Trade Commission in connection with proposed mergers and acquisitions, civil investigative demands, subpoenas, criminal investigations and plea negotiations, and a wide variety of consumer protection issues. We also have a substantial record of obtaining significant Business Review Letters from the Antitrust Division of the United States Department of Justice and Advisory Opinions from the Federal Trade Commission.
Counseling
We regularly advise clients on a wide range of issues involving antitrust, allegedly unfair and deceptive practices, pricing and distribution. Clients turn to us for counsel on their most important strategic matters, including contemplated transactions, collaborations, or business decisions. We work creatively with clients to identify risk-appropriate business solutions. Our representation of clients on prospective corporate transactions spans all aspects of transactions, from letters of intent, due diligence, clean team protocols, pre-merger filings to regulators and post-filing advocacy. We also advise clients on issues relating to joint-ventures, long-term cooperative agreements and actual or proposed distribution, marketing and sales practices. Our experience includes creating and supporting trade associations and purchasing cooperatives, drafting, reviewing, and revising antitrust compliance programs and training sales staff and other non-lawyers on critical antitrust concepts. We review, develop, and assist clients with enforcement of pricing strategies, minimum advertising price (“MAP”) policies, authorized reseller policies, so-called Colgate policies (i.e., unilateral resale price maintenance or “RPM” policies), and other vertical pricing policies. Our clients in this area include well-known brands, including leading manufacturers of toys, apparel, bedding, pet supplies and others.
Unfair and Deceptive Trade Practices Experience
Wiggin and Dana is a go-to firm for litigating and advising on a range of consumer protection and unfair trade practices matters. We have represented clients in connection with multi-state antitrust and consumer protection investigations and litigations involving all 50 states and individual investigations by state attorneys general and state consumer protection agencies in many states. We have particular expertise in handling complex cases under Connecticut’s Unfair Trade Practices Act (“CUTPA”), which is the principal business litigation and consumer protection statute in the state. Indeed, many of the most significant decisions rendered by the Connecticut Supreme Court have been litigated successfully by our firm.