Sectors
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Kate E. Gehl

Partner

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:

December 11, 2025 Foley Viewpoints

Antitrust Risks and Compliance Strategies in Intellectual Property Portfolio Management

This article analyzes how intellectual property portfolio management can simultaneously promote innovation and present potential...
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December 8, 2025 Events

Milwaukee CLE Week 2025

Foley has a rich history of supporting our clients with in-person CLE opportunities. We are excited to invite you to Foley’s Annual Milwaukee CLE Week, a three day, in-person event held at Foley’s Milwaukee office, designed to deliver timely insights on key business, industry, and ethics topics.
October 30, 2025 Events

Top Pharmaceutical Litigation Trends To Watch

As the health care & life sciences industry continues to evolve, organizations across the country should be mindful of recent trends in pharmaceutical litigation. Whether it is antirust, intellectual property, mass tort litigation, or other litigation issues, this webinar dives into the pharmaceutical trends that are on the rise in the industry.
August 27, 2025 Foley Viewpoints

Takeaways From President Trump’s Revocation of Biden-Era Executive Order on Competition

On August 13, 2025, President Trump revoked Executive Order 14036 “Promoting Competition in the American Economy,” a signature Biden-era...
August 13, 2025 Manufacturing Industry Advisor

Minimum Advertised Price Policies: What Manufacturers Need to Know

Manufacturers often want to provide some direction over how resellers advertise and distribute their products, both to avoid conflicting...
March 10, 2025 In the News

Foley Attorneys Explore Supply Chain Risks and Vertical Merger Enforcement

Foley & Lardner LLP attorneys Kate Gehl, Ellen Matheson, and Anna Busse authored the CPI Antitrust Chronicle article, "Supply Chain Risks and Vertical Merger Enforcement," exploring the evolving stance of the Federal Trade Commission and U.S. Department of Justice towards vertical mergers.