Antitrust and Trade Regulation

We understand that proactively educating our clients to avoid antitrust problems is more valuable than assisting with a problem that has already arisen.

The antitrust and trade regulation laws can present particularly stressful situations for a number of reasons.  First and foremost, the consequences for running afoul of such laws are severe (including civil penalties such as money damages and criminal penalties such as jail time).  In addition, the costs of simply defending against allegations of antitrust violations can add up quickly.  This is why our clients look to us to provide proactive counsel, advice and education to help prevent problems before they form, to identify practices and habits that could give rise to issues going forward, and to quickly offer practical guidance and an aggressive defense when allegations, investigations or even legal proceedings arise.

Our team has worked with clients of all sizes to design counseling and compliance policies, to analyze possible acquisitions, joint ventures and other strategic alliances, and to prepare pricing policies,  distribution policies, and marketing and licensing arrangements in compliance with the applicable antitrust laws.  We have also done extensive work on pre-merger notification filings and government investigations relating to transactions in the United States and abroad.  When issues and allegations arise, our team has hands-on experience in defending our clients in private proceedings, class actions and criminal investigations.

Representative Projects and Transactions

• Designed resale pricing policies for wholesale and distribution companies to comply with changing legal landscape.
• Provided client education regarding antitrust and trade regulation compliance.
• Prepared antitrust analysis for mergers, acquisitions and divestitures in various industries including food manufacturing and processing, commodities, retail goods, equipment manufacturing, information management, construction, metal fabrication, security systems, and chemical manufacturing and distribution.
• Prepared hundreds of Hart-Scott-Rodino Act Pre-Merger Notification and Report Forms
• Successfully represented numerous clients in merger investigations by the Federal Trade Commission, the Department of Justice, and State Attorneys General from the initial inquiry through conclusion.
• Designed rebate and incentive programs to comply with antitrust laws; resolved price discrimination disputes; planned distribution and sales programs to comply with applicable state and federal law.
• Defended private civil price fixing allegations in state and federal courts.
• Defended federal criminal price fixing charges from grand jury proceedings through jury verdict.