PHILLIP A. NICHOLS is a Partner in the Birmingham office and is engaged in a broad corporate and commercial practice, including the areas of antitrust, commercial contracts, joint ventures, mergers and acquisitions. His practice focuses, however, on antitrust counseling. He frequently advises clients with respect to the antitrust consequences of pricing and marketing decisions as well as joint activities such as information exchanges, joint bidding and trade association involvement. He also assists clients in preparation for mergers and acquisitions and the Hart-Scott-Rodino Antitrust Act pre-merger notification process. In addition, Mr. Nichols regularly assists clients in the development and implementation of antitrust compliance programs. He has also participated in all stages of antitrust litigation, including litigation involving electric utilities, product distributors, health care providers and an internet domain name registrar and involving issues including antitrust standing, immunities, market definition, restraints of trade and monopolization.
Mr. Nichols has experience in the following areas:
- Smith v. Network Solutions, Inc., 135 F.Supp.2d 1159 (ND. Ala. 2001) - representation of defendant internet domain name registrar in an action claiming monopolization in violation of Section 2 of the Sherman Antitrust Act.
- Marshall v. Planz, 13 F.Supp.2d 1231 (M.D. Ala. 1998) - representation of defendant physician and physician practice group in an action claiming violations of Sections 1 and 2 of the Sherman Act.
- Municipal Utilities Board of Albertville, Alabama v. Alabama Power Co., 513 U.S. 1148 (1995) - representation of electric utility defendant / respondent in response to petitition for writ of certiorari on questions of state action immunity.
- Representation of electric utility in a joint effort to fund research and development of nuclear reactor designs and related governmental approval of a process to obtain a combined operating license.
- Representation of manufacturer through federal investigation of a merger.
Assist electric utility reliability organizations in developing antitrust policies and compliance programs.
PROFESSIONAL ACTIVITIES
- American Bar Association, Member: Section on Antitrust, Section on Business Law
- Alabama State Bar
- Birmingham Bar Association
- Healthcare Industry Committee of ABA Section on Antitrust
- Sherman Act Section 1 Committee of ABA Section on Antitrust
- Trade Association Committee of ABA Section on Antitrust
- Robinson-Patman Act Committee of ABA Section on Antitrust
- American Health Lawyers Association - Antitrust Committee