Antitrust and FTC Proceedings
Helene's antitrust litigation and Federal Trade Commission matters include:
- Garber, et al. v. The Office of the Commissioner of Baseball, et al.
Representing MLB in consumer antitrust class action challenging the video distribution of baseball games.
- Zenith Electronics LLC, et al. v. ViewSonic Corp.
Represented Plaintiffs and MPEG-LA defending against ViewSonics’ antitrust counterclaim and third-party claim alleging that plaintiffs, holders of standard essential patents for the ATSC digital television standard, and MPEG-LA, the patent pool administrator for the ATSC standard, failed to provide FRAND licenses for their patents. Case was settled after plaintiffs and MPEG LA filed their motion to dismiss
- United States v. Apple, Inc., et al.; In re: Electronic Books Antitrust Litigation
Representing Simon & Schuster in 29 purported class actions consolidated in S.D.N.Y. challenging certain publishers' sale of e-books pursuant to agency distribution arrangements between each of the publishers and electronic book retailers. Successfully negotiated a settlement with DOJ and a parens patriae settlement with 54 U.S. states and territories, subject to final court approval.
- Sanofi-Aventis U.S. LLC, et al. v. Sandoz
Represented Sanofi and the patent holder in defense of antitrust counterclaims asserted by generic drug manufacturer in patent infringement litigation involving Eloxatin. Obtained bifurcation and stay of discovery pending resolution of the underlying patent case.
- Sanofi-Aventis U.S. LLC / Synthon Holding B.V.
Successfully convinced FTC to close its investigation of alleged violations of the Medicare Modernization Act regarding certain patent agreements involving Ambien CR without any enforcement action.
- Superior Offshore International, et al. v. Bristow Group Inc., et al.
Represented SEACOR Holdings, Inc. obtaining summary judgment, affirmed on appeal, dismissing a putative Section 1 class action accusing SEACOR, Bristow Group, PHI Inc., and others of conspiring to fix prices for helicopter flights to oil rigs in the Gulf of Mexico in its entirety.
- The American Medical Association, et al. v. United Healthcare Corporation, et al.
Represented United Healthcare in national class action lawsuits by members of various employer health care plans, individual doctors and several medical associations, involving antitrust and other claims relating to databases providing information on physician billed charges.
- Hi-Tech Pharmacal Co., Inc. v. Jame Fine Chemicals, Inc. and MedPointe Inc.
Represented MedPointe Pharmaceuticals winning summary judgment dismissing Section 1 antitrust claims brought by a generic competitor.
- Finnegan v. Campeau Corp.
Represented R.H. Macy & Co. securing dismissal of Section 1 antitrust claims, affirmed on appeal, in connection with competing tender offer bids.
- Dahl, et al. v. Bain Capital LLC, et al.
Represented Thomas H. Lee Partners, L.P. in a putative treble damage class action lawsuit against private equity firms and investment banks on behalf of a class of shareholders in certain leveraged buyouts alleging antitrust violations.
- United States v. AMR Corp.
Represented American Airlines as co-lead counsel in the DOJ’s suit alleging Section 2 predatory pricing and in associated consumer class actions. Summary judgment obtained, affirmed on appeal, dismissing the government’s entire case.
- AMR Corp. v. UAL Corp.
Represented American Airlines as co-lead counsel challenging United's acquisition of Air Wisconsin. After substantial completion of trial before Judge Kimba Wood, the case was mediated, resulting in a favorable settlement for American.
- US Airways Group, Inc. v. British Airways PLC, et al.
Represented American Airlines as lead counsel in USAir's antitrust challenge to a proposed BA-American alliance. Obtained dismissal of all charges against American Airlines.
- Amadeus IT Group S.A. v. American Airlines
Represented American Airlines as lead counsel defeating a motion for a preliminary injunction filed by Amadeus that threatened to shut down a major new program American planned to launch within weeks of the injunction hearing.
- Meredith Corporation, et al. v. Sesac, LLC, et al.
Represented local television stations suing the SESAC performance rights organization challenging its licensing practices under the federal antitrust laws. Successfully defeated Defendants' motion to dismiss the case.
- In the Matter of Evanston Northwestern Healthcare Corp. and ENH Medical Group
Represented a key third party witness resulting in FTC prevailing in its post-closing Section 7 challenge to a hospital merger and successfully obtaining prospective remedial relief regarding, among other things, payor negotiations.
- In the Matter of Piedmont Health Alliance, Inc.
Represented a key third party witness resulting in FTC obtaining a consent order prohibiting, among other things, collective negotiations with payors.
- In the Matter of North Texas Specialty Physicians
Represented a key third party witness resulting in FTC successfully prevailing in its Section 5 horizontal price-fixing claims against respondents and obtaining a consent order prohibiting, among other things, collective negotiations with payors.
- Defended a major off-shore helicopter services company in a multi-year U.S. investigation of price-fixing. The matter was closed without charges.