Main Practice Contacts

Ronald W. Breaux
+1 214.651.5688


In the News

Haynes and Boone Lawyers in Law360: Monopoly Claims Scrubbed From IP Suit Over Pipeline Part

A Texas federal judge nixed antitrust claims in a suit that accuses Canada Pipeline Accessories Co. Ltd. of monopolizing the market for an oil pipeline component by threatening rivals with trademark suits, ruling Friday that CPA’s actions were legal and the validity of its intellectual property was at the heart of the case. >>



Recent Publications

Hart-Scott-Rodino Act: Annual Jurisdictional Thresholds Revisions

On January 17, 2014, the Federal Trade Commission (FTC) announced increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). >>

What Elephant? Supreme Court Downplays Inquiry into Patent Strength in Hatch-Waxman Settlements

The Supreme Court held today in FTC v. Actavis that so-called “reverse payment” settlement agreements are subject to antitrust law’s “rule of reason” analysis. >>

Comcast Corp. v. Behrend: Supreme Court Rejects Expert Damages Model as Insufficient for Class Certification in Antitrust Class Action

On Wednesday, the Supreme Court held in a 5-4 opinion in Comcast Corp. v. Behrend, 569 U.S. ___ (2013), that a party seeking to maintain a class action must satisfy Rule 23’s requirements through evidentiary proof, even where such analysis may overlap with the merits of the underlying claim. >>




Representative Experience


Innovative Mag-Drive, LLC Acquisition
Represented Flowserve US Inc. in its acquisition of Innovative Mag-Drive, LLC d/b/a Innomag, a manufacturer of advanced sealless magnetic drive centrifugal pumps.

School District Bid-Rigging Investigation
Representation of major North American dairy in investigations by the U.S. Department of Justice's Antitrust Division and the Attorney General of Texas into alleged bid rigging and market allocation among school districts.

Go Figure, Inc. v. Curves Int'l, Inc. (S.D. Tex.-Houston Div. 2011)
Represented health and fitness center company, Curves, in a trademark infringement and antitrust lawsuit involving a software vendor. The software vendor, Go Figure, Inc., sued Curves for declaratory relief related to Go Figure's use of Curves' trademarks as well as for purported antitrust violations under the Sherman Act after Curves developed its own health care management software. After more than two years of litigation on those charges and counterclaims of trademark infringement, the parties proceeded to trial. After only two days of witness examinations, the vendor sought a settlement, providing Curves with a take-nothing judgment and compensation.

International Freight Forwarding Antitrust Investigation and Litigation
Representation of major global freight forwarder in an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity.

Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.

Global Compressor Manufacturing Investigation
Representation of U.S. executive of a worldwide manufacturer of compressors in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing affecting Europe, South America, the United States and Asia.

Chocolate Antitrust Litigation
Representation of opt-out direct purchasers in price-fixing case against major chocolate manufacturers.

Trigger Sprayer Manufacturing Litigation
Representation of global manufacturer of trigger sprayers accused of violating federal and state antitrust laws through alleged exclusive dealing contracts. 

Defense of Proposed Multi-Billion Dollar Telecommunications Acquisition
Defense of AT&T in merger challenges filed by Sprint and Cellular South against AT&T's proposed acquisition of T-Mobile USA. 

Financial Services Antitrust Investigation
Representation of leading financial services provider in an investigation by the U.S. Department of Justice's Antitrust Division into alleged antitrust violations in the municipal finance industry.

Wireless Product Patent and Antitrust Litigation
Defense of leading wireless product manufacturer in federal litigation alleging patent infringement and antitrust violations.

Titanium Dioxide Antitrust Litigation
Defense of titanium dioxide producer in consolidated putative class action proceedings in U.S. District Court in Maryland alleging a nationwide price-fixing conspiracy regarding the sale of titanium dioxide. We successfully obtained dismissal of claims against the foreign parent corporation on personal jurisdiction grounds.

Fire Suppression Products Industry Acquisition
Representation of global manufacturer of fire suppression products in connection with FTC investigation of proposed acquisition.

International Cartel Investigation
Representing a major global freight forwarder in an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity. As previously publicly announced by the company, the investigation began with a search warrant conducted by the Antitrust Division of the United States Department of Justice and a simultaneous inspection by the European Commission. The investigation expanded to include investigations by antitrust regulators in Brazil, Canada, Japan, New Zealand, and Switzerland. Following announcement of the government investigations, a purported civil class action lawsuit styled Precision Associates, Inc. et al. v. Panalpina World Transport (Holding) Ltd, et al. was filed in the Eastern District of New York against more than fifty industry players alleging antitrust class action damages. During the course of the representation Haynes and Boone has assisted the company in issuing a revised antitrust compliance program. The representation has also required Haynes and Boone to coordinate co-counsel, counsel for individual employees, factual development, and electronic discovery issues worldwide. Many of the government investigations and the U.S. civil lawsuit are on-going.

L-3 v. Lockheed Martin, Northern District of Texas
Representation of L-3 Communications Integrated Systems, Inc. in federal antitrust lawsuit in the U.S. District Court for the Northern District of Texas against Lockheed Martin. The lawsuit, which settled in 2010, alleged that Lockheed Martin violated the antitrust laws by monopolizing the international market for refurbishment of P-3 aircraft.

Jersey Dental Labs. v. Dentsply Int’l, Inc., 516 F. Supp. 2d 324 (D. Del. 2007)
Successfully defended a wholesaler of medical devices/dental supplies against antitrust claims brought by indirect purchasers against a group of wholesalers as a companion case to Hess Dental Labs. v. Dentsply Int’l. All claims against client were dismissed or settled with no payment by client.

Marine Hose Price-Fixing Investigation
Representation of U.S.-based sales executive of an Italian company in a DOJ criminal antitrust investigation and follow-on civil litigation relating to antitrust violations in the marine hose industry.

Antitrust Counseling in Telecommunications Acquisition
Provided antitrust counseling to AT&T in its $2.7 billion acquisition of Centennial Communications Corporation.

Global Construction and Mining Equipment Manufacturing Investigation
Representation of a U.S. executive of a worldwide manufacturer of equipment serving the construction and mining industries in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing.

Defense Contracting Antitrust Investigation
Representation of U.S. executive of an international aerospace and defense technology company in an investigation by the Antitrust Division of the Department of Justice into claims of bid-rigging of defense contracts at military installations.

Transportation Antitrust Investigation
Representation of the CEO of a U.S. Company engaged in the offshore helicopter transportation industry in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing and market allocation affecting the U.S. and the North Sea.

FTC Section 5 Trade Association Investigation
Representation of major music trade association in FTC investigation and negotiation of consent decree relating to allegations under Section 5 of the FTC Act. Developed antitrust compliance policy and guidelines.

Global Chemicals Price-Fixing Investigation
Representation of U.S. executive of a worldwide supplier of paints and coatings in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing among paint manufacturers within North America.

Electronics Manufacturing Antitrust Prosecution
Representation of Chairman and CEO of a Taiwanese producer of color television display tubes and LCD flat panels in a federal criminal price-fixing case brought by the U.S. Department of Justice's Antitrust Division, alleging agreements among Asian manufacturers to set prices of displays for use in computers and televisions worldwide.

Chemical Industry Market Allocation Investigation
Representation of Swedish executive of a worldwide supplier of paints, coatings and hydrogen peroxide in connection with an investigation by U.S. Department of Justice's Antitrust Division into alleged international market allocation and collusion within Europe and North America.

Merger with the Boeing Company and Aviall
Haynes and Boone represented Aviall Inc. in the company’s $2.05 billion merger with the Boeing Company. The deal represented the largest purchase for Boeing in a decade. As the world's largest independent provider of new aerospace parts and related aftermarket services, Aviall is a leading solutions provider of aftermarket supply-chain management services for the aerospace, defense and marine industries.

Marine Supply Manufacturer Bid Rigging Prosecution
Representation of executive of manufacturer of foam-filled marine fenders and buoys in a criminal action by U.S. Department of Justice Antitrust Division alleging bid rigging and customer allocation scheme.

DRAM Price-Fixing Investigation
Representation of U.S. and foreign executives of a worldwide manufacturer of computer chips in an investigation by the U.S. Department of Justice's Antitrust Division into alleged worldwide market allocation and price fixing.

Arthur Marlin, M.D. and Sarah Gaskill, M.D. v. Frank Robertson, M.D., et al
Represented Methodist Healthcare System, Methodist Children's Hospital of South Texas, Children's Hospital Intensive Care Associates and three physicians in securing summary judgment in medical staff privileges case involving antitrust, conspiracy, breach of contract, tortious interference, defamation, intentional infliction of emotional distress, and due process claims.

Food Flavor Enhancement Investigation
Representation of worldwide food supplier in a criminal cartel investigation by the Antitrust Division of the Department of Justice into antitrust violations and collusion in the food flavor enhancement industry (MSG and nucleotides).

Oil and Gas Price-Fixing and Market Allocation Investigation
Representation of major oil and gas company in an investigation by the U.S. Department of Justice's Antitrust Division into alleged price-fixing and market allocation among worldwide producers of refining by-products.

Antitrust Counseling in Billion-Dollar Acquisition
Provided antitrust counseling to AT&T in its $67 billion acquisition of Bell South Corp.

Polychloropine Rubber Price-Fixing Investigation
Representation of executive of an Italian producer of polychloroprene rubber in connection with an investigation by the U.S. Department of Justice's Antitrust Division into alleged international price-fixing.

In re Pepsico, Inc., 87 S.W.3d 787 (Tex. App. - Texarkana 2002, orig. proceeding)
Obtained a conditional writ of mandamus ordering a trial court to reinstate a motion to transfer venue.

Healthcare Fraud Litigation
Successfully defended a national healthcare provider in three lengthy jury trials involving allegations of fraud, conspiracy, antitrust and RICO violations. All three resulted in complete defense verdicts. The second, named 1999's biggest defense win by The National Law Journal, involved allegations of fraud and conspiracy. Punitive damages of $150 million were sought, and after a four-week trial, the jury found no fraud and awarded no damages.

DOJ Price Fixing Investigations
Representation of corporations and corporate executives in civil and criminal international cartel litigation in a variety of industries.

AT&T/SBC
Acted as one of the primary outside antitrust firms responsible for assisting client in monitoring pre-merger integration planning activities to ensure compliance with antitrust laws and regulations.