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    4. Antitrust

      Practices

    Antitrust

    Guiding you through trade regulation and competition issues with practical advice designed to help you achieve business goals.

    /Overview

    Our antitrust lawyers, many with 25+ years of experience, work at the intersection of business and regulation. We represent clients in criminal investigations and cases (including involving alleged international cartels), class actions and other civil litigation, and merger and non-merger investigations.

    We advise on exemptions, joint venture challenges, and claims involving price-fixing, monopolization, and dealer termination.

    But often our most important work involves planning. Careful structuring of activities in sensitive areas and preventive measures are key to avoiding costly problems later. We evaluate antitrust issues in potential business matters and courses of conduct and develop a strategy to achieve your objectives. We provide antitrust training and counseling and conduct internal compliance investigations and reviews.

    Our work allows you to do what you do best—your business.

    /Representative experience

    • Handle defense of claims under Section 2 of the Sherman Act, anti-merger claims under Section 7 of the Clayton Act, and Robinson-Patman price-discrimination allegations. Defend clients in cases involving the Newspaper Preservation Act. We are also experienced in representing corporations in follow-on private antitrust litigation flowing from DOJ criminal investigations.
    • Defense of corporations and individuals in grand jury investigations and criminal trials. We are experienced in utilizing the DOJ Antitrust Division’s amnesty program in the coordination of obtaining leniency in jurisdictions around the world. We’ve successfully taken corporations through the DOJ’s leniency program.
    • Regularly defend clients in DOJ, FTC, and state investigations. This includes seeking clearance of a variety of transactions across many industries, and responding to Civil Investigative Demands issued by federal and state enforcement agencies.
    • Mergers and acquisitions, including successfully navigating and obtaining clearance of transactions that include requests for additional information (i.e., Second Requests). As early as the inception of an idea through to government clearance and closing, we routinely counsel and guide corporations through transactions, including analyzing and advising on substantive antitrust issues, coordinating and executing the filing of required merger control notifications in the US and abroad, and, when necessary, advocating with the FTC and DOJ to get the deal done.
    • Defense of acquiring bank in DOJ merger investigation
    • County Waste & Recyc. Srv. v. Twin Bridges, 72 Misc. 3d.1271 (dismissal of antitrust counterclaims)
    • Gannett Co., Inc., in acquisition by New Media
    • TDK Corporation in FTC second request investigation of proposed acquisition of Hutchinson Technology, Inc.
    • Gannett Co., Inc., in DOJ second request investigation of acquisition of Journal Media Group
    • Dairy cooperative in DOJ investigation of Danone’s acquisition of WhiteWave. The merging parties entered into a consent judgment with DOJ which was favorable to our client.
    • W.B. Mason in FTC challenge to merger of rivals Staples and Office Depot

    Our Team

    See Full Team
    • Gordon L. Lang

      Partner / Leader, Antitrust
      • Washington DC
      • Office:+1 202.585.8319
      • glang@nixonpeabody.com
      Gordon L. Lang
    • Brian J. Whittaker

      Partner
      • Washington DC
      • Office:+1 202.585.8234
      • bwhittaker@nixonpeabody.com
      Brian J. Whittaker
    • Ronaldo Rauseo-Ricupero

      Counsel
      • Boston
      • Office:+1 617.345.1071
      • rrauseoricupero@nixonpeabody.com
      Ronaldo Rauseo-Ricupero
    • William E. Reynolds

      Partner / Co-Team Leader, Pharmaceutical & Medical Device Litigation Team
      • Albany
      • Office:+1 518.427.2687
      • wreynolds@nixonpeabody.com
      William E. Reynolds
    • Robert A. Weikert

      Partner / Office Managing Partner, San Francisco
      • San Francisco
      • Office:+1 415.984.8385
      • rweikert@nixonpeabody.com
      Robert A. Weikert
    • Matthew A. Richards

      Partner
      • San Francisco
      • Office:+1 415.984.5093
      • mrichards@nixonpeabody.com
      Matthew A. Richards
    See Full Team

    Insights And Happenings

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    • Alert

      Antitrust priorities in the second Trump administration

      May 5, 2025
    • Alert

      Comments sought on eliminating anticompetitive laws in healthcare

      April 2, 2025
    • Alert

      Connecticut seeks increased oversight of healthcare entity transactions

      Feb 21, 2025
    View All

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