Antitrust & Competition Law

Our significant antitrust experience, both in government and in the private sector, enables us to serve as our clients trusted advisors and aid in managing antitrust issues, both corporate and litigation and help them avoid unnecessary risk that might jeopardize their growth objectives and business goals.

Overview

Complex business transactions, such as mergers, joint ventures, new market entries and pricing, often involve sophisticated antitrust and competition issues that must be handled properly to avoid legal and regulatory exposure. Our antitrust attorneys help clients – from Fortune 100 to privately-owned companies – manage these issues without losing sight of our clients’ business objectives. We are our clients’ trusted advisors through counseling, compliance, Hart-Scott-Rodino investigations, and litigation because we identify antitrust exposure and help lessen its risk within the context of the client’s business transactions.

Our litigators represent clients in civil and criminal antitrust matters throughout the United States and on international cartel matters, and we have significant experience in defending clients in antitrust grand jury investigations and prosecutions. We’re often able to minimize clients’ exposure to litigation risk and secure favorable resolutions by negotiating with the Department of Justice (DOJ), the Federal Trade Commission (FTC) and State Attorneys General (AGs). But where it’s in the client’s best interests, we take antitrust and competition law matters through successful jury trials, including follow-up civil class action cases resulting from criminal prosecutions, and through governmental regulatory proceedings.

When it comes to FTC and State Attorney General Investigations, we represent businesses in consumer protection matters, including privacy, deceptive advertising, Fair Credit Reporting Act violations, unfair trade practices and unfair competition. Businesses also rely on us to anticipate and diffuse potential antitrust or competition issues by counseling them on antitrust and competition compliance and securing antitrust approval from the FTC and the DOJ through Hart-Scott-Rodino filings.

Our antitrust attorneys are well known for their expertise and are often quoted or appear on leading main stream media outlets on antitrust stories, contribute articles to scholarly publications, and are invited to present at legal conferences. They also have a wealth of prior work experience that allows us to better serve our clients’ needs. For example, two of our principals are former litigation attorneys with the Bureaus of Competition and Consumer Protection of the FTC and another principal is currently a Vice Chair of the American Bar Association’s Antitrust Compliance and Ethics Committee and formerly the Vice Chair of the Cartel and Criminal Practice Committee. Yet another principal is a former Assistant U.S. Attorney.

Experience

    • Represented a proposed company intervenor in the high-profile United States v. Microsoft Tunney Act proceeding, before both the United States District Court and the United States Court of Appeals for the District of Columbia Circuit.
    • Successfully represented a major food manufacturer in defending against a civil action for alleged predatory pricing.
    • Successfully represented a commercial motor carrier rate bureau charged with price fixing through the Supreme Court of the United States in a landmark decision utilizing the State Action Exemption from the Anti-Trust Laws.
    • Established new appellate case law on behalf of a principal’s corporate client in Maryland on long arm jurisdiction in an antitrust conspiracy case.
    • Represented a number of companies, both plaintiffs and defendants, in various antitrust Sherman Act civil litigation matters throughout the United States.
    • Successfully represented a number of companies in various Hart-Scott-Rodino applications before the DOJ and FTC
    • Successfully represented companies in State AG antitrust and consumer investigations throughout the United States
    • Represented a number of individuals in various grand jury proceedings brought by the Department of Justice’s Antitrust Division that ended with a declination of prosecution.

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