The Antitrust/Trade Regulation Practice Group, combining litigators and corporate attorneys, provides counseling and representation to clients in the prevention and resolution of antitrust problems. The compliance and education programs offered by the attorneys in this group are valuable not only to clients involved in marketing, sales and distribution, but also to corporate and real estate clients involved in mergers, acquisitions, joint ventures, franchising and licensing.

Areas of Concentration

The work of the attorneys in the Antitrust/Trade Regulation Practice Group centers on the following specific areas:

• Counseling clients on the impact of the antitrust and trade regulation laws and case decisions on various practices and activities;
• Representing clients as plaintiffs or defendants in litigating antitrust issues both private and governmental, civil and criminal, judicial and administrative;
• Preparing and monitoring compliance programs specifically tailored to the needs of individual clients.

In collateral areas, the firm's attorneys have participated in grand jury proceedings, including representation of both target and non-target witnesses; negotiations of consent decrees (including divestiture as well as restraint) with both the Justice Department and the Federal Trade Commission; and in the development and monitoring of compliance programs. Arnall Golden Gregory's Antitrust/Trade Regulation attorneys have participated in procedures under the Hart-Scott-Rodino (premerger notification) Act and in the Railroad Clearance Program with the Department of Justice in mergers and acquisitions matters.

Summary of Matters

In summary, the Antitrust/Trade Regulation practice Group has dealt with a broad spectrum of antitrust issues, including the following specific topics:

• Sherman Act, Section 1 - Conspiracies, including price fixing, customer and market allocation, boycotts, refusals to deal, termination and replacement of distributors and/or dealers;
• Sherman Act, Section 2 - Monopolization and attempted monopolization, including predatory pricing and other predatory activities;
• Clayton Act, Section 3 - Exclusive contracts and sales on condition;
• Clayton Act (Robinson-Patman Act), Section 2 - 2(a) price discrimination at both primary and secondary levels; 2(c) illegal brokerage, payments in lieu of brokerage and commercial bribery; 2(d) and 2(e) discrimination in promotional allowances and services;
• Clayton Act, Section 7 - Acquisitions, mergers and divestitures;
• Section 5 of the Federal Trade Commission Act - Anti-competitive, deceptive and unfair trade practices;
• Unfair competition under the common law and Lanham Act proceedings

Additionally, the attorneys in the Antitrust/Trade Regulation Practice Group have handled numerous peripheral and procedural issues involving: Brady and Jencks Acts (discovery process); attorney/client privilege and work product privilege; conflicts of interest in representing a target corporation and individual officers, directors and employees; and venue.

>	Attorneys in this area
	Allen I. Hirsch - Practice Leader