Antitrust

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
• Defense of TDK Corporation in FTC second request investigation of proposed acquisition of Hutchinson Technology, Inc.
• Defense of 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