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Antitrust

The attorneys in our Antitrust practice group have substantial involvement and expertise in all areas of competition law. Whether the issue arises in the context of a merger or acquisition, evaluation of a business practice, or litigation, we bring to bear an in-depth understanding of the fine points of competition law and the applicable regulatory framework.
Chair:  Patrick D. McVey
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Our Skills

Among the areas in which we routinely advise clients and represent them in litigation are:

  • Price fixing and other illegal pricing practices that can present serious risks to companies and their executives, including potential criminal sanctions and treble damages
  • Distribution practices such as resale price maintenance, volume discounts, cooperative advertising and other forms of price discrimination, customer and territorial restrictions and restrictions on sales by distributors and dealers
  • Mergers, acquisitions and joint ventures, from Hart-Scott-Rodino filings to advice on structuring deals, spin-offs, divestitures and other techniques that can overcome regulatory and antitrust hurdles for the proposed transaction
  • Industry standard-setting and trade association activities, offering advice and guidelines to reduce risk from cooperative activities and communications
  • Franchising advice to protect valuable property rights while avoiding inadvertent violations of antitrust law
  • Litigation
  • Government investigations, including negotiating limitations on discovery demands in civil matters and advising on prosecution strategy and grand jury proceedings in criminal matters

Our Experience

Representative matters in our antitrust practice include:

  • A large publicly-traded gas utility in defense of monopolization and leveraging claims relating to the sale of natural gas
  • A multi-national corporation in a class action antitrust price-fixing lawsuit. By taking an aggressive approach to the litigation, and developing key facts and issues supportive of our client’s position, we were able to affect a very cost effective settlement early in the case and avoid deeper involvement in a multi-party class action
  • A target in a Department of Justice investigation involving allegations of price-fixing and territorial allocations. The investigation was ultimately closed without adverse action or finding made as to the client’s activities