Clients seek our counsel and litigation services across the entire range of antitrust and competition issues. Our substantive knowledge, industry experience, and authorship in scholarly and trade publications complements are the fact that our lawyers have significant experience before state, federal, and international antitrust enforcement agencies.

Areas of Legal Expertise

  • Activities Involving Competitors: We advise clients on arrangements with members of the same industry, including group purchasing, information sharing, strategic alliances, and benchmarking. We also represent many trade associations as antitrust counsel.

  • Antitrust Litigation: We have a broad range of antitrust litigation experience in cases involving price fixing, bid rigging, market division, monopolization and attempted monopolization, group boycotts, tying, and exclusive dealing. We have litigated both civil and criminal antitrust cases and represented clients in critical Federal Trade Commission and Department of Justice proceedings. More than 20 of our antitrust lawyers have significant experience in trial-level proceedings.

  • Antitrust Class Action: We have represented clients in dozens of antitrust class action litigation matters across a variety of industries.  Our experience includes U.S. state and federal class litigation, as well as advice on newly emerging European collective action litigation.

  • Antitrust Plaintiff Opt-Out Litigation: We represent corporations harmed by price fixing conspiracies or other anticompetitive behavior and help them obtain recovery of their overpayments. By opting out of class actions and pursuing their own direct claims, our clients often are able to achieve significantly better and faster results than they would otherwise receive by remaining class members.

  • Compliance: We prepare state-of-the-art antitrust compliance plans and tailored programs for large and small companies. Our robust antitrust compliance strategies include conducting targeted antitrust audits. Such audits uncover potential antitrust and competition risks, so that we can work with clients to develop corrective solutions and minimize risk going forward.

  • Criminal Antitrust Matters: We represent corporations and individuals under state and federal criminal investigations involving allegations of price fixing, bid rigging and collusion. We conduct internal investigations, respond to Grand Jury subpoenas, and make presentations to prosecutors and government decision makers. Together with experienced white collar criminal defense lawyers in our firm, we have successfully represented many clients in criminal jury trials.

  • Government Investigations: We defend civil and criminal investigations by state and federal enforcement agencies in a wide range of areas involving potential antitrust law enforcement, including allegations of collusion, bid rigging, group boycotts, mergers and acquisitions, strategic alliances, and compliance with other competition-related laws.

  • Intellectual Property and Antitrust: We advise our clients concerning patent antitrust issues and analyze antitrust implications of intellectual property licensing arrangements.

  • International Competition Laws: With multiple offices in Europe, we routinely counsel our clients regarding European Union competition law litigation and transactional matters. As part of our firm’s mergers and acquisition practice, we represent clients in merger control and cooperative joint venture matters before the European Commission and those of individual countries. We also defend our clients in all phases of global merger investigations.

  • Joint Ventures: We regularly analyze antitrust and premerger notification issues relating to the formation and operation of both production and R&D joint ventures, as well as compliance with the National Cooperative Research and Production Act.

  • Mergers and Acquisitions: We provide our clients with premerger analysis of transactions and prepare notifications under U.S. and international merger control laws. We also represent our clients in merger investigations by the Federal Trade Commission, U.S. Department of Justice, state attorneys general and foreign authorities.

  • Resale Pricing and Other Vertical Issues: We analyze the antitrust implications of vertical restrictions, including resale pricing, advertised pricing, and customer or territorial restraints imposed by suppliers. We work closely with large and small companies to understand their business strategies and help implement effective and sensible plans, including but not limited to minimum advertised price (“MAP”) policies.

  • Single-Firm Activities: We advise clients and undertake litigation concerning allegations of monopolization and attempted monopolization in a variety of contexts. The issues considered include tying, predatory pricing, refusals to deal, and product bundling by firms with substantial market positions.

Specific Areas of Focus