Tonkon Torp has a premier antitrust practice that’s recognized across the Pacific Northwest.
Our legal team has advised some of the region’s leading businesses — including Nike, ESCO Corporation, and V-Tech Electronics North America, Inc. We not only identify antitrust risks associated with particular conduct, we build relationships with our clients, helping them find the best business solutions under the law. Clients appreciate our ability to provide efficient, workable answers.
Our antitrust attorneys have experience in complex mergers, acquisitions, and litigation cases in the region’s most important markets, including:
- Forest products
- Agriculture
- Electronics
- Healthcare
- Aviation and transportation
- Athletic apparel and equipment
Antitrust Litigation
We help our clients find resolutions that achieve their business objectives when facing or pursuing antitrust litigation or administrative action. Our antitrust legal team has experience negotiating when situations call for preserving supplier, dealer, customer, or strategic competitor relationships. When needed, we aggressively advocate for our clients’ interests in antitrust litigation or regulatory action. We handle matters in local, state, and federal court, before the Department of Justice and the Federal Trade Commission, and in arbitration proceedings.
Our attorneys have significant experience acting on behalf of both antitrust defendants and plaintiffs. The antitrust litigation matters we handle cover a broad spectrum of cases, including:
- Price fixing
- Refusals to deal
- Tying
- Reseller terminations
- Vertical non-price restrictions
- Monopolization and attempted monopolization
Our antitrust litigation experience includes:
- Defending against government and competitor challenges to mergers, acquisitions, and joint ventures
- Pursuing litigation in connection with terminated distributor and dealer agreements
- Bringing claims in connection with terminated hospital privileges
- Defending against challenges to labor agreements
- Advocating against monopolization, including in the intellectual property arena
- Defending against, and bringing, conspiracy claims among competitors
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Case Studies
Tonkon Torp Helps Malarkey Roofing Company Construct a Billion-Plus Sale Strategy
Tonkon Torp guided client Herbert Malarkey Roofing Company through a successful $1.35 billion stock sale to Switzerland-based Holcim Group, one of the world’s largest building products companies. The deal secured a place as one of Oregon’s largest M&A transactions in 2021.
Tonkon Torp Guides Pacific Foods through Oregon’s Largest Acquisition of 2017
Tonkon Torp led Oregon’s largest M&A transaction in 2017, the $700 million acquisition of Tualatin-based Pacific Foods of Oregon LLC by Campbell Investment Company. Pacific Foods is an iconic, nationally distributed organic food brand founded in 1987.
Representative Matters
Helicopter Transport Services, Inc.
Won partial summary judgment for Helicopter Transport Services, Inc. in a dispute with competitor Erickson Air-Crane Inc., alleging Sherman Act § 2 monopoly leveraging and refusal to deal claims, as well as breach of contract claims.
Evergreen Helicopters v. Erickson Air-Crane, Inc.
In a precedent-setting refusal-to-deal case, Tonkon Torp obtained a summary judgment in federal court for client Evergreen Helicopters after alleging competitor Erickson Air-Crane was exerting monopoly control over spare helicopter parts.
Columbia Helicopters v. Boeing
Represented Columbia Helicopters in a dispute over Boeing’s refusal to sell Boeing helicopter parts to Oregon-based Columbia Helicopters, to allow Columbia to fulfill its contracts to repair Boeing-manufactured military CH-47 Chinook helicopters. To resolve threatened antitrust litigation, Boeing ultimately agreed to recognize Columbia Helicopters as an independent service organization provide Columbia with Boeing parts to perform CH-47 repair services.
Columbia Helicopters v. Honeywell
Successfully negotiated agreement on behalf of Columbia Helicopters in a dispute with Honeywell, a leading manufacturer of engines for military helicopters, after alleging an unlawful refusal to deal under the Sherman Act on the part of Honeywell.
VDIC
Horizon Radiology filed a complaint against VDIC in February of 2009 alleging antitrust violations under California law along with other California statutory and common law claims. The matter was resolved by settlement on in May of 2009.
Services + Industries
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We encourage you to contact us if you have further questions about our firm or our experience. For your protection, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any confidential or secret information about any matter that may involve you until you receive a written statement from us that we represent you (an engagement letter).
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