Kay Lynn Brumbaugh

Representative Antitrust Litigation & Government Investigations

• Currently representing a dairy processor defendant in In re Southeastern Milk Antitrust Litigation, a series of coordinated putative class actions alleging conspiracies to reduce prices paid to dairy farmers for raw milk and to raise prices charged to purchasers of processed milk.
• Represented individual executive in Packaged Ice industry investigation by the Antitrust Division of the Department of Justice.  Investigation was closed in 2010 with no action taken.
• Defeated class certification in price-fixing conspiracy case; order denying class certification affirmed by the Fifth Circuit Court of Appeals. Briefed and argued case at Fifth Circuit. [Piggly Wiggly Clarksville, Inc. v. Interstate Brands Corp., 100 Fed. Appx. 296 (5th Cir. 2004)].
• Dismissal and summary judgment affirmed by the Fifth Circuit Court of Appeals in case alleging exclusive dealing, monopolization and state law tort claims. Primary responsibility for handling case at district court level; briefed and argued case at Fifth Circuit. [Apani Southwest, Inc. v. Coca-Cola Enterprises Inc., 300 F.3d 620 (5th Cir. 2002)].
• Defended Dallas physician organization in price-fixing investigation by the Federal Trade Commission. Case successfully resolved with consent decree and no fines or damages paid by client. [In the Matter of System Health Providers, Inc. and Genesis Physicians Group, Inc., FTC File No. 011 0196, FTC Docket No. C-4064 (2002)].

Recent Antitrust Representation in M&A Transactions

Kay Lynn has recently advised clients on HSR and antitrust matters in connection with the following merger & acquisition transactions:

• Independent oil refiner in connection with its $7 billion merger of equals with another leading refiner.
• Large Canadian midstream company in its $3.1 billion merger with Canadian pipeline operator.
  
• E&P client in its $3.5 billion sale to an integrated energy company.
• Finnish refining and marketing company in its sale of iso-octane assets to Canadian midstream company.
  
• Large midstream joint venture in its $1.925 billion acquisition of the membership interests of a natural gas liquids storage, processing and transportation business.
• Metal service center company in its $415 million acquisition by the industry leader.
• Global engineering, construction and services company in its $280 million acquisition of an engineering, procurement and construction services firm.

Antitrust Counseling

Kay Lynn also provides ongoing antitrust counseling and compliance training for firm clients on a wide variety of issues, including pricing, joint ventures, exclusive dealing arrangements, bidding and contract issues.

Additional Representative Matters

• Member of defense team that obtained jury verdict in the trial of horizontal price fixing claims brought by a class with more than 52,000 class members [Tucker v. Interstate Brands Corporation, District Court, Johnson County, Texas, 1998].
• Member of team defending DFW International Airport Board in antitrust lawsuit involving the repeal of the Wright Amendment. Obtained motion to dismiss in client’s favor. [Love Terminal Partners, L.P. v. The City of Dallas, 527 F. Supp. 2d 538 (N.D. Tex. 2008)].
• Defended soft drink distributor in antitrust trial and on appeal in which competitors alleged state antitrust claims relating to promotional and advertising agreements. Won case on appeal before the Texas Supreme Court in October 2006. [Coca-Cola Co. v. Harmar Bottling Co., 111 S.W.3d 287 (Tex. 2006)].
• Arbitration hearing defense in 2006 for major automobile manufacturer in a commercial lease and property condition dispute. Plaintiff sought termination of long-term lease and millions in damages. Arbitration panel denied termination request and awarded no monetary damages.
• Represented major health insurer in investigation by the Federal Trade Commission related to alleged price fixing by a physician organization.
• Represented direct marketing company in investigation by Minnesota Attorney General. No action taken against client.
• Represented national hotel and real estate franchisors in multiple breach of contract and trademark lawsuits against franchisees. Obtained injunctions and/or favorable settlements.
• Advised a well servicing company in its $180 million acquisition of a group of companies providing complementary services.
• Advised a major drilling company in the $510 million sale of its land drilling business.
• Represented a refiner in the sale of its Tulsa refinery to another refiner.
• Advised a large independent refiner in its $1.2 billion acquisition of another refiner.
• Represented a natural gas storage company in its $750 million sale to another natural gas storage company.
• Represented a midstream natural gas services provider in its acquisition of interests in a natural gas pipeline.