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Scott M. Mendel

Staff Lawyer
+1.312.807.4252
Fax +1.312.827.8131

Scott M. Mendel concentrates his practice in complex antitrust litigation, including class actions, the antitrust aspects of mergers, acquisitions, and joint ventures, and counseling clients on antitrust compliance with respect to pricing, distribution and other matters. He also counsels the firm’s healthcare clients on antitrust matters, including mergers, joint ventures and clinical integration. He counsels clients on franchise matters and on the application of various federal and state laws governing the distribution of products. Mr. Mendel has experience litigating and counseling on matters under Sections 1 and 2 of the Sherman Act, Sections 3, 7 and 8 of the Clayton Act, Section 5 of the Federal Trade Commission Act, the Robinson-Patman Act, the Hart-Scott-Rodino Antitrust Improvements Act of 1976, and state antitrust, consumer fraud, franchise and dealership laws. He has performed antitrust compliance audits for a number of the firm's clients and developed antitrust compliance policies. He also has considerable experience negotiating and drafting distribution and licensing agreements. He has appeared in numerous federal and state courts, in arbitrations and mediations, and before both federal antitrust agencies.

In 2016, the K&L Gates Chicago antitrust and competition group was recognized as the “Cartel & Trade Regulation Law Firm of the Year in Illinois” by the international review and assessment programs of both Corporate INTL Magazine and Global Law Experts.

Professional/Civic Activities

  • American Bar Association (Section of Antitrust Law)
  • Chicago Bar Association
  • Illinois State Bar Association

Litigation

  • Represents a manufacturer of containerboard and corrugated boxes in an industry-wide price fixing class action.
  • Represents a foreign manufacturer of capacitors and its U.S. subsidiary in an industry-wide class action alleging price fixing, following investigations by the Department of Justice and the competition authorities in several foreign countries.
  • Represented a large outdoor power equipment company in a nationwide class action alleging federal RICO claims, consumer fraud claims under the laws of all 50 states, and price fixing.
  • Represented a major pharmacy benefit manager in a nationwide antitrust class action.
  • Represented a large manufacturer of polystyrene products in an industry-wide group boycott claim.
  • Represented one of the world's largest construction equipment companies in an international arbitration with its joint venture partner before the International Chamber of Commerce.
  • Represented a large industrial gas company in obtaining termination of two antitrust consent decrees.
  • Represented a state dental association in an antitrust challenge by the Federal Trade Commission to the association's ethical rules on advertising resulting in a decision upholding the ethical rules and an important Supreme Court decision on the rule of reason under Section 1 of the Sherman Act.
  • Represented a large tubing and products services corporation in a private antitrust lawsuit resulting in a multimillion dollar damage award for the client and an important Supreme Court decision on intra-enterprise conspiracy under Section 1 of the Sherman Act.
  • Represented a worldwide distributor of office supplies and services in an FTC antitrust challenge to its purchasing practices resulting in an important decision regarding competitive injury in secondary line discrimination cases under the Robinson-Patman Act.

Mergers and Acquisitions

  • Represented before the Department of Justice a manufacturer of containerboard in the sale of assets to a competitor.
  • Represented before the Department of Justice a forest products manufacturer in the sale of the company to a competitor.
  • Represented a worldwide distributor of office supplies and services as antitrust counsel before the Federal Trade Commission and in Mexico in its purchase of a leading company in the office products industry.
  • Represented a multi-national supplier of automotive products and services as antitrust counsel before the Federal Trade Commission in its joint venture with another global supplier of automotive technology, systems and components.
  • Represented a seller of auto parts in a number of acquisitions of competitors.
  • Represented a worldwide manufacturer, distributor and financer of agricultural, construction and forestry equipment as antitrust counsel before the Department of Justice in its $600 million acquisition of a designer, manufacturer and international distributor of forestry equipment.