The Firm’s attorneys represent clients regarding the full range of competition issues, including government and private litigation, merger clearance and merger investigations, compliance and counseling, as well as leniency applications and government investigations.
Antitrust Litigation
The Firm’s litigators have extensive experience in high-stakes antitrust litigations brought by the government and private plaintiffs. This experience includes successfully litigating class actions and “follow-on” actions brought by direct and indirect purchasers, including defending allegations of price fixing. In addition, we have experience and can assist with a variety of antitrust claims, including bid rigging, market allocation, monopolization, exclusionary conduct, unfair competition, and unreasonable restraints of trade.
Merger Clearance and Merger Investigations
Our attorneys also have extensive experience securing unconditional merger clearances and advising on integration planning and antitrust risk allocation. We assist clients in assessing the competitive effects of a transaction at the outset and recommending appropriate steps to minimize antitrust risk throughout the transaction process. Our attorneys have decades of experience analyzing whether transactions are reportable under the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and filing premerger notifications with the Federal Trade Commission (FTC) and the Department of Justice. The Firm’s attorneys are well-positioned to ease the increased burden associated with these filings resulting from the FTC’s October 10, 2024 changes to the HSR rules, and to facilitate responding to a Second Request if the government should issue one.
Compliance and Counseling
Our lawyers regularly assist with developing compliance programs and counseling clients on reducing antitrust risk in contracting practices, pricing policies, the use of pricing algorithms, participating in information exchanges and trade associations, non-competes, no-poach agreements, distribution policies, joint ventures, ESG measures, and other business practices that may raise antitrust concerns. We also work with clients on overseeing internal investigations.
Leniency Applications, Criminal Defense, and Government Investigations
Several of our lawyers are former Assistant United States Attorneys who can guide both corporate entities and individuals through leniency applications, antitrust criminal defense, and government investigations.
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Our Antitrust Practice Group has experience advising on competition issues across a wide variety of industries, especially manufacturing, health care, pharmaceuticals, medical devices, casinos/gaming, marketing, entertainment, fashion and garment, construction, intellectual property, and private equity.
The aim of the Antitrust Practice Group is to be a value-added partner to the Firm’s clients – providing necessary advice and creative solutions for clients to meet and exceed their business goals and objectives, while effectively minimizing the risk of antitrust challenge and liability.
Areas of Focus
- Business Strategy Counseling
- Compliance Issues Counseling
- Government Investigations
- Government Litigation
- Intellectual Property/Technology Counseling and Litigation
- Merger & Acquisition Clearances
- Private Litigation
- Transactional Counseling, especially Health Care & Hospital