Kate Gehl is an antitrust and competition lawyer who provides strategic counsel to clients in the areas of antitrust litigation and investigations. She has handled some of the largest multidistrict cases and antitrust class actions across the country, with some involving damages claims in excess of $1 billion.
Kate works with companies across a wide range of industries, including the innovative technology, manufacturing, sports, pharmaceuticals, life sciences, and health care sectors. Kate is a seasoned litigator with over a decade of experience handling complex, high-stakes cases. She represents clients before the Department of Justice, Federal Trade Commission, State Attorneys General and foreign regulators, advising on strategies to address agency scrutiny. Kate defends clients against allegations of price-fixing, market allocation, monopolization, and other antitrust claims, guiding matters from initial inquiry through discovery, dispositive motions and trial. Kate is known for her poise and credibility in the courtroom and as an adept problem-solver outside the courtroom. She listens to her clients’ needs and obtains a full understanding of their business, which provides results. She leads nimble teams with a creative and flexible approach to litigation, proactively identifying and exploring alternative paths to resolution where it aligns with her client’s objectives. Kate’s time as a former federal judicial clerk also makes her uniquely qualified to provide insightful strategic advice on litigation strategy, with an inside perspective.
With a reputation for practical, business-oriented advice, Kate regularly counsels clients on day-to-day antitrust and competition issues. She provides vital guidance relating to product pricing, the Robinson-Patman Act, supply chain relationships, e-commerce, product distribution, commercial agreements, joint ventures, collaborations with competitors, information sharing, participation in trade associations and industry organizations, advertising and marketing, intellectual property (including as to intellectual property licensing practices related to standard essential patents and patent pools), labor and employment, and general compliance. Kate works closely with general counsel, c-suite executives, and legal teams in major companies across the United States. She also collaborates with cross-border local counsel to handle global antitrust compliance matters.
Kate also has particular experience litigating antitrust issues that arise in the context of patent infringement litigation or other disputes involving intellectual property in high-tech industries. Kate has held numerous leadership positions within the ABA Antitrust Section, currently serving as Chair on its Intellectual Property Committee. She has represented clients, authored numerous articles and had a number of speaking engagements on antitrust issues surrounding standard essential patents and FRAND obligations.
Parallel to her antitrust litigation practice, Kate maintains a practice representing businesses in complex commercial litigation. She has significant experience in complex electronic discovery and has worked with experts to develop reports and testimony, and she has written briefs and motions at all stages of litigation in federal and state courts across the country.
Representative Experience
- Represented a generic drug manufacturer in multidistrict antitrust litigation alleging industry-wide price-fixing and market allocation involving hundreds of different products and cases filed by direct purchasers, indirect purchasers, and State Attorneys General. Successfully negotiated resolution of parallel criminal proceedings and various civil cases, while aggressively litigating remainder of civil claims in sprawling multidistrict litigation.
- Represented a building products manufacturer in multidistrict antitrust litigation involving alleged conspiracy to reduce capacity and raise prices.
- Represented a propane supplier in multidistrict antitrust class action litigation alleging an industry-wide price-fixing conspiracy.
- Represented university in antitrust and commercial lawsuit relating to collegiate conference realignment.
- Led defense of NCAA in antitrust challenges to its eligibility rules including successfully defeating various motions for preliminary injunctive relief in courts across the country.
- Counsel to grain company in class action alleging manipulation of the wheat futures market in violation of the Sherman Antitrust Act and the Commodity Exchange Act.
- Counsel to industrial products wholesaler in antitrust action against competitor and involving exclusive dealing and monopolization claims.
- Represented leading U.S. research university in patent and antitrust litigation disputes between licensees involving next-generation sequencing (NGS) technology and spatial transcriptomics, successfully obtaining summary judgment on monopolization counterclaims against the university and its patent licensee.
Awards and Recognition
- Wisconsin Super Lawyers – Rising Stars® list (2019)
Affiliations
- Current chair of the ABA Antitrust Law Section Intellectual Property Committee; actively involved in local bar activities in the State of Wisconsin, the Eastern District of Milwaukee and the Seventh Circuit.
Community Involvement
- Pro bono representation through the Milwaukee Justice Center and with the Eastern District of Wisconsin Bar Association’s Federal Legal Assistance Program.
Presentations and Publications
Kate regularly publishes and speaks on antitrust and compliance issues. The following represents a sampling of her work:
- Moderator, “Fundamentals – Antitrust and IP” ABA Antitrust Law Section’s Spring Meeting (March 27, 2026)
- Co-presenter, “Top Pharmaceutical Litigation Trends to Watch (October 30, 2025)
- Co-presenter, “Antitrust in Transition: Enforcement Trends, Emerging Issues, and Practical Insights Coming out of 2025, Foley’s National CLE Week (November 13, 2025)
- Co-author, “Antitrust Risks and Compliance Strategies in Intellectual Property Portfolio Management,” CPI Antitrust Chronicle (November 2025)
- Co-Author, “ Takeaways from President Trump’s Revocation of Biden-Era Executive Order on Competition, Foley Viewpoints (August 27, 2025)
- Co-author, “Minimum Advertised Price Policies: What Manufacturers Need to Know,” Manufacturing Industry Advisor (August 13, 2025)
- Co-author, “Supply Chain Risks and Vertical Merger Enforcement,” CPI Antitrust Chronicle (February 2025)
- Co-presenter, “Fundamentals of Antitrust” for the ABA Antitrust Law Section’s Summer Series (June 14, 2022)
- Author, “USPTO, NIST, and DOJ Antitrust Division Withdraw SEP Injunction Policy Statement,” Innovative Technology Insights (June 14, 2022)
- Author, “Biden’s DOJ Signals Return to Pre-Trump Administration Standard Essential Patent Policies,” Foley Insights (October 12, 2021)
- Co-author, “Legal Implications of Blockchain in Supply Chain Series: What’s Law Got to Do With It?” Blockchain in Supply Chain Blog (October 7, 2021)
- Co-author, “A Divided FTC Approves Omnibus Resolutions to Step Up Enforcement Actions and Votes to Withdraw the 2020 Vertical Merger Guidelines,” Foley Insights (September 24, 2021)
- Co-author, “President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries,” Foley Insights (July 14, 2021)
- Co-author, “Biden’s Executive Order on Competition Could Spell Changes for the Pharmaceutical Industry,” PharmaPatents Blog (July 6, 2021)
- Co-presenter, “Fundamentals – Intellectual Property,” for the ABA Antitrust Law Section’s Virtual Spring Meeting (May 11, 2020)
- Co-presenter, “Antitrust Update” for the ABA Antitrust Law Section’s Corporate Counseling Committee (February 24, 2020)
- Co-presenter, “Ripped from the Headlines – Antitrust News You Can Use” (December 14, 2020)
- Co-presenter, “Antitrust Counseling for Trade Associations,” (December 9, 2020)
- Co-author, “DOJ and USPTO Revise 2013 Policy Statement on Remedies for Standard Essential Patents,” Foley Insights (March 31, 2020)
- Co-presenter, ““What Every Lawyer Should Know About the Intersection of Antitrust and Intellectual Property Rights” (December 10, 2019)
- Co-Author, “DOJ and FTC Signal Shifts in Antitrust Enforcement of Essential Patent Disputes,” Foley Insights (October 10, 2018)
- Co-Author, “DOJ and FTC issue Updated Antitrust Guidelines on the Licensing of Intellectual Property,” Foley Insights (January 20, 2017)
- Editor, “Indirect Purchaser Litigation Handbook,” ABA Publications (2015)
- Co-author, State Antitrust Practice and Statutes, Fifth Edition (Wisconsin Law Chapter), ABA Publications (2014)
- Presenter, Annual Law of Product Distribution & Franchise Seminars (various antitrust topics)
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Antitrust Risks and Compliance Strategies in Intellectual Property Portfolio Management
Milwaukee CLE Week 2025
Top Pharmaceutical Litigation Trends To Watch
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Takeaways From President Trump’s Revocation of Biden-Era Executive Order on Competition
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