Kyle W. Mach

Mr. Mach has litigated some of the most complex antitrust matters tried in recent years and has advised some of the world’s largest companies on a range of high-stakes and complex antitrust matters. Selected representations include:

• Apollo, Ares, Blackrock and other lenders in defending an antitrust lawsuit brought by Optimum Communications alleging that lender cooperation agreements violate the Sherman Act and New York’s Donnelly Act.
• InterDigital, Inc. in litigation filed by Disney in the District Court for the District of Delaware. In the suit, Disney alleges that InterDigital engaged in anticompetitive misconduct relating to standard setting processes and that InterDigital’s licensing and litigation practices are anticompetitive.
• Discover Financial Services in defending claims that its $45 billion merger with Capital One would reduce competition in the credit card and payment network markets.
• Legends Hospitality in resolving the DOJ’s criminal investigation into Legends’ involvement in a stadium bidding process.
• Western Alliance Bank (“WAB”) and Digital Settlement Technologies LLC (“DST”) in defending claims that WAB and DST violated antitrust and other laws in the administration of class action settlements across the country.
• Argos USA, LLC and Argos Ready-Mix LLC (together, “Argos”), two former U.S. subsidiaries of Colombia-based Cementos Argos S.A., in a District of South Carolina class action concerning alleged price-fixing and bid rigging in ready-mix concrete operations in Georgia and South Carolina from 2010 to 2016.

• Chevron Corporation in defending claims that Chevron and others colluded to raise oil prices.*
• Texas doormaker Steves & Sons, Inc. in a long-running litigation in which Steves sought to unwind a consummated merger of manufacturing firms due to a violation of Section 7 of the Clayton Act. After a series of trials, a jury found a violation of the Clayton Act and the Court ordered a first-ever remedy of divestiture for a private party.*
• Intel in its $9 billion sale of its solid-state drive and wafer businesses to SK Hynix, a deal requiring regulatory engagement in many jurisdictions across five continents.* 
• Southern California Edison (“SCE”) in defending claims that SCE violated the antitrust and other laws in regulating access to its power grid.*
• MGM Resorts International in defending against claims that MGM and others used algorithmic pricing to coordinate prices for hotel rooms on the Las Vegas strip.*
• Google in long-running litigation concerning the Google Play store.*
• The Attorneys General of California and New York in their challenge to the merger of T-Mobile and Sprint.*
• LG Display Co., Ltd. in direct- and class-action litigation concerning alleged price fixing among Asia-based TFT-LCD manufacturers.*
• Verizon Communications in defending Verizon’s acquisition of TracFone Wireless in evidentiary hearings before the California Public Utilities Commission.*
• Qualcomm, Inc. in a wide variety of matters including antitrust proceedings brought by the Japanese Fair Trade Commission in Japan and an international arbitration against Panasonic Mobile Communications Co., Ltd., in which Panasonic asserted breach of contract, patent, and antitrust claims relating to Qualcomm’s contributions to technology standards.*
• Abbott Labs (later, Abbvie) adverse to the FTC and in direct- and class-action litigation concerning the antitrust implications of “reverse payment” settlements in pharmaceutical patent lawsuits.*

*Denotes representations undertaken prior to joining S&C.