James Kress is a Partner in Baker Botts’ Antitrust and Competition Practice, where he represents clients in complex private antitrust and commercial litigation and before government agencies in merger and nonmerger antitrust investigations.
Mr. Kress has handled antitrust and other commercial litigation matters, both in competitor actions and class actions, in a wide range of industries including advertising, avionics, computer hardware, food and beverage, healthcare, petroleum and oilfield services, lodging, construction materials, waste disposal and industrial equipment. These matters have addressed a variety of substantive legal theories, including monopolization, monopsony, boycotts, vertical distribution practices, price-fixing and market division, as well as the appropriateness of class certification.
As one part of his civil nonmerger practice, Mr. Kress has extensive experience working at the intersection of antitrust and intellectual property, including issues related to the acquisition, licensing and enforcement of standard essential patents. He has represented clients in connection with antitrust investigations into standards participation, patent licensing, patent transfers and enforcement practices before antitrust agencies worldwide, including the Department of Justice, Federal Trade Commission and European Commission.
In connection with merger reviews, Mr. Kress has represented numerous clients through the merger review process before both the Department of Justice and the Federal Trade Commission. Merger matters have included investigations involving health insurers, computer hardware and peripherals manufacturers, electronic media, coal mining, aerospace and defense, heavy construction equipment and industrial equipment.
Mr. Kress maintains an active antitrust counseling and compliance practice. He has structured and conducted antitrust audits and internal investigations related to price-fixing, bid-rigging and market allocation in a variety of industries.
- SawStop LLC v. Black & Decker Inc., et al - Represented tool manufacturer in connection with alleged boycott of license and standard setting exclusion claims
- Automation Services v. Emerson Electric, et al - Represented leading standards organization in connection with alleged antitrust conspiracy to exclude remanufactured products; resulted in dismissal of antitrust claims and trademark infringement judgment on counterclaims
- PSI v. Harley Davidson Inc. - Represented motorcycle manufacturer in connection with tying claims and trademark infringement counterclaims
- Waste Services, Inc. v. Waste Management, Inc.- Summary judgment for a defendant on Section 2 attempted monopolization and tort claims, upheld by 11th Circuit
- FTC v. Arch Coal, Inc., et al - Secured denial of an FTC preliminary injunction to halt the merger of coal mines under Section 7 of the Clayton Act and FTC Section 13(b)
- RSA Media, Inc. v. AK Media Group, Inc. - Secured summary judgment against a competitor’s claim based on antitrust standing and monopolization, affirmed by First Circuit
- ID Security Systems, Inc. v. Checkpoint Systems - Obtained a reversal of a $90 million jury verdict regarding attempted monopolization and conspiracy to monopolize
- Anchor Drilling Fluids, USA, Inc. v. M-I LLC - Lead counsel in a monopolization, essential facilities and breach of contract case
- U.S. v. Baroid, et al. - Construing DOJ consent decree regarding the nature of supply obligation to Anchor Drilling Fluids’ underlying alleged antitrust “duty to deal”
- Chester County Hospital v. Independence Blue Cross, et al. - Monopoly; monopsony; Sherman § 1; Clayton § 7
- Universal Avionics Corp. v. Rockwell International Corp. - Monopolization; tying; “Kodak” affirmed by Ninth Circuit
Awards & Community
Recognized as a Washington D.C. Super Lawyer, 2013, 2014, 2015, 2017 & 2018
Recommended in The Legal 500, 2016-2017
Member, American Bar Association
Editor, Antitrust Magazine
European Commission's E-Commerce Report Signals Potential Upswing in Enforcement Against Online Distribution PracticeFirm Thought Leadership
Antitrust and FRAND Bargaining: Rejecting the Invitation for Antitrust Overreach Into Royalty DisputesExternal Article
Information Exchanges and Price Signaling, Global Antitrust Hot Topics - EU, US, & Global PerspectivesSpeeches & Presentations
The Application of China’s Anti-Monopoly Law to Essential Patent Licensing: The NDRC/QUALCOMM ActionExternal Article
Competition Policy International (CPI) Antitrust Chronicle
Baker Botts is pleased to sponsor the GCR Live 2nd Annual IP, Antitrust & Innovation conference on Thursday May 24, 2018 at the University of California, Berkeley.
Baker Botts is pleased to sponsor the GCR Live IP & Antitrust California conference on Thursday, May 25, 2017 at Stanford University's Hoover Institution in Stanford, California.
Baker Botts, in partnership with Concurrences Journal, will be sponsoring a seminar on global antitrust hot topics on Thursday, 8 September in Brussels.