Ms. Mahan has extensive experience representing clients in all major antitrust venues, including both state and federal courts and federal, state and international competition and consumer protection enforcement agencies. Her ability to develop unique arguments under complex antitrust theories has led her to play a leading role in the defense and overall strategy for many key clients, including large joint defense groups. She has secured victories for clients in major nationwide antitrust class actions at critical stages, including dismissal without discovery at Rule 12, defeating class certification, and prevailing at summary judgment. Most recently, she was appointed as liaison counsel for all 20 defendants in the federal antitrust class actions and direct action complaints being litigated in In re Broiler Chicken Antitrust Litigation.
Ms. Mahan has worked closely with clients to secure approvals of proposed mergers, acquisitions and joint ventures from the Department of Justice and the Federal Trade Commission, as well as favorably resolving a number of non-public investigations by the Federal Trade Commission into trade association and joint venture conduct and activities without litigation or public disclosure. She also represents clients in criminal investigations before the Antitrust Division, including a recent grand jury investigation in the media industry. Finally, Ms. Mahan is frequently relied upon by clients to help guide their day-to-day business decisions and manage risk related to questions of pricing, technology, customer and vendor relationships, and overall strategic direction. Her clients value her pragmatic advice and creative thinking in the development of novel strategies for improving compliance programs and mitigating risk.
Ms. Mahan is recognized by Chambers USA for Antitrust Litigation in Washington, D.C. where Chambers reports that, “She is particularly noted for her skills in class action defense. Sources say: ‘She provides, great, incisive leadership as defense liaison counsel,’ and ‘She’s very smart, very focused and knows what does and doesn’t matter; she takes no prisoners.’” She is also consistently recognized for Antitrust Litigation by Super Lawyers and recommended for Civil Litigation/Class Actions by Legal 500 US, where clients remark that she is “very smart and assertive” and “often ten steps ahead of her opponents.”
- Representing Pilgrim’s Pride, and serving as liaison counsel for all 20 defendants, in a series of federal class actions across the country brought by direct and indirect purchasers alleging the major chicken producers reduced output to raise the price of broiler chickens.
- Representing Pilgrim’s Pride in a consolidated antitrust class action alleging poultry producers illegally conspired to anticompetitively lower compensation to growers in violation of the Sherman and Packers & Stockyards Acts.
- Representing Pilgrim’s Pride in a lawsuit alleging that poultry producers and others conspired to suppress wages and other compensation for poultry plant workers. Plaintiffs allege that Pilgrim’s and others effectuated their alleged conspiracy through the use of industry benchmarking services and other information exchanges.
- Lead counsel for Michael Foods, Inc. in an ongoing federal multidistrict antitrust class action asserting numerous unfair damages under state law, as well as a nationwide class of egg products purchasers. Successfully argued and defeated several class certification and summary judgment motions on behalf of all Defendants and negotiated favorable settlements of discrete portions of the litigation.
- Defending Hilton in a nationwide antitrust class action filed against Hilton and other major hotel chains. The plaintiff alleges that that defendant hotel companies conspired to eliminate competition for branded keyword search advertising against each other, illegally raising consumers’ costs to find and book hotel rooms and seeks damages and injunctive relief under the Sherman Act.
- Secured the dismissal of Hilton Worldwide at Rule 12 in a federal multidistrict antitrust class action challenging alleged agreements between online travel companies and hotels regarding the retail prices for online hotel room reservations.
- Represented a group of insurance carriers in one of the largest antitrust MDLs in the country where several purported classes of subscriber and provider plaintiffs allege various Blue Cross/Blue Shield entities and their Association illegally allocated markets and fixed prices in violation of state and federal antitrust laws.
- Lead counsel for Providence Equity Partners in a private nationwide antitrust class action lawsuit asserting broad ranging antitrust conspiracy claims against Providence and other private equity firms in connection with multi-billion dollar leveraged buyouts dating back to 2003. Secured dismissal of all claims against Providence at summary judgment.
- Secured a victory for MovieTickets.com, winning dismissal of all claims in a purported consumer class action filed against MovieTickets and Webloyalty.com, Inc. in the Southern District of California and before the Ninth Circuit. Successfully negotiated favorable settlement resolving preceding investigation by New York Attorney General’s Office and resolved parallel FTC and Congressional inquiries.
- Represented MovieTickets.com in its sale to Fandango, in a deal that joined together two major online movie-ticketing services. After receiving a civil investigative demand from the Department of Justice, the parties engaged with the Antitrust Division and successfully secured clearance of the deal.
- Represented The Great Atlantic & Pacific Tea Company, Inc. (A&P) in its chapter 11 case. As part of the chapter 11 plan, A&P sought to sell all of its 300+ stores. Weil, through persuasive advocacy to the FTC and effective use of the rarely-successful failing firm defense, secured antitrust clearance from the FTC for the sale of 120 stores to supermarket competitors and stalking-horse bidders, including Albertsons, Royal Ahold and Key Food Stores.