The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Frank Hogue is an experienced trial attorney specializing in antitrust class actions and high-stakes cartel cases, with a strong track record of securing defense verdicts in both state and federal courts across the United States. Clients value his strategic acumen and efficiency in litigation and counseling matters. He represents multinational clients in various antitrust issues, including criminal and civil investigations, class action defense, and appellate matters across industries such as high-tech, consumer staples, and manufacturing. Frank also defends against corporate plaintiffs and state attorneys general in parallel antitrust lawsuits. With extensive knowledge of the Foreign Trade Antitrust Improvement Act, Frank handles complex cases involving both U.S. and foreign proceedings. He frequently deals with matters intersecting U.S. antitrust and trade laws, representing both foreign and domestic firms in follow-on lawsuits from U.S. trade agency proceedings. Frank represents clients in matters involving the DOJ, FTC, and SEC and advises on antitrust issues related to intellectual property (IP) and standard-setting organizations.
Describe your practice area and what it entails.
Antitrust law is designed to promote fair competition in the marketplace by preventing anticompetitive practices that harm consumers, businesses, or the economy. It ensures that markets operate efficiently, prices remain competitive, and consumers have access to a variety of goods and services.
What types of clients do you represent?
Antitrust issues can arise in nearly every type of industry, from healthcare to tech and retail, making it a dynamic field and an always evolving area of the law. I represent companies in a variety of industries such as technology, manufacturing, tourism/hospitality, communications and media, pharmaceutical and healthcare, food and beverage, and financial institutions.
Representative clients include Toshiba, Xinyi Glass, Four Seasons Hotels, Gerber, Serta Simmons, and Purina.
What types of cases/deals do you work on?
Much of my work is in the area of class action defense against antitrust or consumer protection claims. These cases often involve allegations that a company violated antitrust laws by agreeing to fix price, engaging in bid rigging, or allocating markets. The cases may also involve allegations of improper information exchange or monopolistic practices. For example, I have represented tech companies that were alleged to have engaged in price fixing certain components of laptop computers, cell phones, or televisions. Even though antitrust jury trials are relatively rare, these cases resulted in two jury trials in back-to-back years. It was a very exciting and rewarding experience, and the client was very pleased with the outcome of both trials.
How did you choose this practice area?
Antitrust law requires deep knowledge of your client’s business and industry. Whether you are representing a pet food manufacturer, pharmaceutical company, travel provider, or glass supplier, a good antitrust lawyer learns every detail of the client’s business that could impact how they compete in the marketplace. As a practical matter, that means having a deep understanding of almost every aspect of a company. Naturally, that requires a great deal of learning and understanding. It is that learning and exploration of new products and industries that drew me to antitrust law. There is never a dull day.
What is a “typical” day like and/or what are some common tasks you perform?
As a litigator, every day is different. In one case, you may be working on a summary judgment motion. In another, you may be preparing for a deposition or important court hearing. In yet another, you could be speaking with a client’s employees to understand how they work. There are economists to consult, cases to read, and important legal developments to track.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
The path to being a successful antitrust lawyer is less about ticking specific academic boxes (such as economics) and more about cultivating a diverse skill set and practical experience. Master the essentials of legal analysis, writing, and research. Antitrust cases are often complex and require precision when arguing an issue. Critical thinking is needed to parse intricate statutes or nuanced case law. Developing your ability to understand market dynamics, competition, and the impact of corporate behavior on consumers is very important. Courses in corporate law, administrative law, or IP may help to build complementary knowledge. Seminars or workshops that touch on business law, technology regulation, and public policy can provide insight into the industries and regulatory frameworks encountered in antitrust. Additionally, hands-on experience in advocacy, negotiation, and litigation is invaluable, so look for opportunities in clinics or moot courts that address competition issues, consumer protection, or corporate governance. Practical experience through internships at government agencies like the FTC or DOJ Antitrust Division can also prove beneficial.
What is the most challenging aspect of practicing in this area?
The most challenging aspect of practicing in antitrust lies in its complexity and constant evolution, but those challenges are simply opportunities to engage in intellectually stimulating, impactful work at the intersection of law, business, and policy. Antitrust is a high-stakes environment that often requires a deep understanding of economic theories, market structures, and competition principles and that demands top-tier legal acumen, analytical precision, and an ability to present complex data in a persuasive legal argument. Because antitrust laws evolve with shifts in political, technological, and market dynamics and frequently involve cross-border issues, staying ahead of the changes requires continuous learning and a proactive approach to understanding policy and enforcement trends. Recently, antitrust has been at the forefront of economic policymaking at the national level, and it’s not uncommon to open a newspaper to find stories about how the president or Congress is employing antitrust policymaking or enforcement to support economic priorities. A skilled practitioner must be aware of all of the ways in which antitrust law and policy are developing and changing.
What misconceptions exist about your practice area?
Many assume that antitrust law is the domain of economists rather than lawyers. However, crafting persuasive arguments, advising clients, and analyzing market impacts require strong legal reasoning and advocacy skills. While an economics degree can be helpful for understanding certain aspects of antitrust law, it is by no means a prerequisite for being a successful antitrust lawyer. Antitrust practice requires strong legal reasoning, critical thinking, and advocacy skills, which are the core of a legal education—not an economics background. A strong understanding of civil procedure can be more important than whether you leave law school with an understanding of how regression models work.
Another misconception in antitrust litigation is that all of the action is in the courtroom. While courtroom advocacy is exciting, an equal amount of work is behind the scenes. Clients often turn to outside antitrust lawyers to help their employees understand best practices when it comes to compliance. An antitrust litigator should be prepared to practice in a courtroom, a boardroom, and a conference room.
What is unique about your practice area at your firm?
White & Case’s antitrust/competition practice stands out for its global reach, innovative approach, and track record of handling precedent-setting cases. Our practice is unique because of its reputation for handling groundbreaking cases that shape the legal landscape. Our list of firsts is unmatched. We pride ourselves on an interdisciplinary approach, combining deep legal expertise with an understanding of our clients’ industries. Our group fosters a collaborative culture where lawyers of all levels of seniority are encouraged to contribute meaningfully.
What are some typical career paths for lawyers in this practice area?
Antitrust lawyers can have a range of career paths, typically involving a combination of legal and regulatory responsibilities. At a law firm, an antitrust lawyer can represent clients in cases involving allegations of anticompetitive behavior; advise clients on mergers, acquisitions, and joint ventures to ensure compliance with antitrust laws, often requiring merger clearance from regulatory bodies; and provide compliance counseling to help clients navigate complex antitrust regulations to avoid violations and mitigate risk in business operations. Antitrust law is a diverse and exciting field that is increasingly important to businesses and a key aspect of economic policy.