Kendall Millard

In the white collar arena, Kendall defends clients facing large national and international criminal antitrust investigations by the U.S. Department of Justice (DOJ), the Canadian Competition Bureau (CCB), the Japan Fair Trade Commission (JFTC), the Korean Fair Trade Commission (KFTC), and the Competition Commission of Singapore (CCS). He represents many American and Japanese companies in the DOJ’s criminal antitrust investigations in the auto parts, electronic components and other industries, including obtaining a not guilty jury verdict for two Japanese clients in the only autoparts antitrust case to go to trial. He also assists clients in developing rigorous antitrust, Foreign Corrupt Practices Act (FCPA) and anti-bribery compliance programs and legal unilateral minimum advertised pricing (MAP) policies, and frequently presents antitrust compliance trainings for clients and trade associations in the U.S. and Japan.

As a civil litigator, Kendall defends clients against allegations of price fixing, bid-rigging, customer allocation, resale price maintenance, exclusive contracts, tying, bundling, boycotts, monopolization and attempted monopolization brought under Sections 1 and 2 of the Sherman Act, California’s Cartwright Act, New York’s Donnelly Act, and other state competition laws. Kendall was appointed and served as co-liaison counsel for all defendants in the In re Polyurethane Foam Antitrust Litigation, multidistrict litigation (MDL) in the Northern District of Ohio.. Kendall also advises on antitrust issues in pharmaceutical patent settlements under the Hatch-Waxman Act.

On the corporate side, Kendall advises parties and third parties concerning potential antitrust issues with proposed mergers, acquisitions and joint ventures, including in Hart-Scott-Rodino (HSR) filings before the Federal Trade Commission (FTC) and the DOJ. This includes conducting market definition and competitive impact analyses and responding to Civil Investigative Demands (CIDs) and subpoenas for documents and testimony issued to industry participants.

Kendall has published articles and contributed to ABA publications on current antitrust developments, including co-authoring the U.S. section of the ICLG International Comparative Legal Guide to Cartels and Leniency.

Clients appreciate Kendall’s extraordinary attention to their needs. He remains involved in supporting not only each client’s commercial objectives, but also in getting to know them personally. Kendall thrives under the complexity of antitrust law and other substantive legal disciplines. Kendall’s sensitivity to the major financial and other life-altering consequences that can occur in such cases drives him to educate clients before a crisis happens, as well as to aggressively defend their freedom and bottom line both in and out of court.

Kendall has represented clients on antitrust matters in a wide range of industries, including:

• Pharmaceutical prescription and over-the-counter (OTC) products, including analgesics, opioid reversal medication, and vaccines
• Healthcare services, including physician group practices, market power analysis for medical equipment sales to hospitals, and state action immunity for county hospitals
• Seed and crop protection pesticide products, including seed treatment, insecticides, herbicides, fungicides, soil fumigants and nematicides
• Ready mix concrete, aggregates, polyurethane foam, zinc oxide, exterior insulation finishing systems (EIFS), and fiberglass insulation in the construction and manufacturing industries
• Engines, shock absorbers, sealings, resistors, latches and dozens of other component parts for automobiles, RVs, motorcycles and aircraft in the automotive, aerospace, cell phone and high-tech industries
• Hard and soft tissue dental lasers, hospital beds, therapy and moveable medical equipment, hospital mergers, pharmaceutical distribution services, and anesthesiology services in the medical device and healthcare industries
• Strollers, car seats, high chairs, caskets, foam mattresses and vacuum cleaners in the baby and durable consumer products industries
• Flowers, cigarettes, kitty litter, pet food, packaged ice, bakery and other perishable food and retail products in the grocery and supermarket industry
• Racing tires and sanctioned racing events in the sports and racing industries and gas station franchises and truck stops in the oil and gas industry
• Software licenses and navigation systems in the computer industry and credit card issuance and data protection services in the banking industry

Notably, Kendall has also tried cases and won appeals for indigent pro bono clients seeking asylum in the U.S. to avoid persecution in their home country on account of the client’s political or religious beliefs or social group status.

Prior to joining Barnes & Thornburg, Kendall was an attorney at Arnold & Porter LLP in Washington, D.C., and at the Legal Aid Society of the District of Columbia. Prior to law school, Kendall studied and taught for three years in Japan; he is well-versed in Japanese culture and how it differs from the American point of view. He speaks conversational Japanese and taught English as a second language at IUPUI.