Antitrust & Trade Regulation

Our antitrust and trade regulation practice is composed of an interdisciplinary team of lawyers from our litigation, government policy, corporate and intellectual property groups. We have the resources and experience essential to solve complex issues relating to the regulation of competition and other trade practices. Our broad range of services includes structuring transactions, business relationships, sales practices and internal processes to avoid antitrust and trade regulation problems and representing clients in state and federal courts in investigations and proceedings before state and federal regulatory agencies and industry arbitration panels. The antitrust and trade regulation group has proficiency and skill in a wide range of industries, including automotive and automotive equipment manufacturing and distribution, securities, health care, medical devices, fast food, art, motor sports, sporting goods, recreational products, furniture, office products, machine tools, computer hardware and software, banking and finance, toys, retailing, transportation, energy, manufactured housing, household products, glass and government contracting.

Antitrust Litigation Experience: Our antitrust litigation experience includes criminal, civil and administrative matters for corporate, trade association and individual clients involving:

  • Mergers, acquisitions and joint ventures.
  • Price-fixing, Bid-rigging, Price discrimination, Predatory pricing and other price-related issues.
  • Monopolization, attempted monopolization and conspiracies to monopolize.
  • Exclusive dealing arrangements and vertical restraints of trade.
  • Termination of dealers, franchisees and suppliers.
  • Tying.
  • Group Boycotts.
  • Class actions.
  • Antitrust issues arising from intellectual property disputes.

Antitrust Counseling and Compliance Practice: Critical elements of our antitrust practice include prevention of future antitrust risks and helping clients to attain their business objectives in compliance with foreign antitrust laws. Therefore, a substantial amount of our work is devoted to customer counseling and compliance on matters such as:

  • Structuring mergers, acquisitions, and joint ventures.
  • Trade association activities.
  • Enforcement of intellectual property rights.
  • Structuring dealer relationships and effectuating dealer terminations.
  • Identifying and preventing possible antitrust problems involving pricing, market division and group boycotts.
  • Pre-merger notification filings.
  • Conducting antitrust audits and preparing corporate compliance manuals
  • Preventative education.

Trade Regulation Experience:
Our trade regulation activities on behalf of our clients include litigation and advice on:

  • Franchise issues, including drafting of disclosure documentation and litigation involving franchise termination, breach of franchise agreements, fraud and violation of state franchise disclosure laws.
  • Trade Secrets and Non-Competition issues, including drafting of agreements, formulation of corporate strategies to protect trade secrets and litigation and arbitration
  • Advertising and other product claims.
  • Product labeling and pricing.
  • Consumer product and motor vehicle reporting and recalls.
  • Sweepstakes and promotions.
  • Special laws and rules governing certain industries, including petroleum distribution, automobile and equipment dealerships funeral services ,securities, manufactured housing, health care, and beer and wine distribution.