Practice Focus

Amy Mudge practices in the areas of antitrust and consumer protection. She has represented clients in a wide variety of industries, including cigarettes, agriculture, Internet services, pharmaceuticals, dietary supplements, and car rentals. Ms. Mudge has represented clients before the Federal Trade Commission (FTC), Department of Justice, state attorneys general and the self-regulatory National Advertising Division, as well as in private federal and state litigation. She has significant experience establishing effective compliance programs and providing antitrust and marketing law training to both lawyers and nonlawyers. She is a co-editor for the blog on consumer marketing legal issues, www.consumeradvertisinglawblog.com.

Representative Matters

Antitrust Matters

• GlaxoSmithKline in In re Wellbutrin SR Antitrust Litigation, defending current monopolization class actions asserting that patent infringement actions were shams designed to keep generic competitors off the market
• Philip Morris USA in RJ Reynolds Co. v. Philip Morris, a monopolization challenge alleging that shelf space/category management program improperly excluded competitors, successfully defeated on summary judgment
• Guardian Industries in In re Flat Glass Antitrust Litigation, price fixing cases coordinating activities in multidistrict court action, as well as multiple state court cases, resulted in favorable settlement
• Fair Labor Association providing antitrust counseling to organization and its members dedicated to eliminating sweatshop conditions in the apparel and footwear industry

Consumer Protection Matters

• Obtained summary judgment on behalf of Avis Budget Group in putative consumer class action related to fuel charges
• Represent consumer vision products manufacturer in FTC investigation regarding Made in USA claims, favorably settled
• Budget Rent A Car System, Inc. in connection with an FTC investigation related to fuel charges, favorably settled, and a putative consumer class action, voluntarily dismissed after dispositive motion briefing
• Mobile Content Provider and Aggregator before the FTC and the Florida Attorney General in investigations related to mobile content marketing and billing, favorably settled
• VeriSign before the FTC in investigation related to alleged misleading marketing practices, resolved favorably by persuading FTC to accept class action settlement in lieu of consumer redress
• Viacom with respect to an FTC investigation into marketing of violent entertainment to teens
• Dietary supplements manufacturer in an FTC investigation related to weight loss claims, favorably settled
• Providing general advertising and marketing advice to clients including Luxottica, Philip Morris USA, Dollar Tree, Swarovski, and Sanderson Farms