Antitrust, Competition & Trade Regulation

Regulatory Clearances
We help clients structure transactions by isolating or minimizing competition concerns. This involves analyzing substantive competition issues, preparing merger control notifications, clearance applications and representing merging parties before the competition authorities. For multi-jurisdictional mergers, we evaluate notification and approval obligations and manage the merger clearance process across multiple jurisdictions.

Challenges
We advise clients that are opposed to or concerned about mergers of competitors or suppliers. We assist them in presenting concerns to the relevant enforcement agencies, proposing appropriate divestitures or other relief, and acquiring assets to be divested.

As our clients become bigger and more successful, so does the antitrust/competition risk associated with their conduct. We defend clients in all manner of investigations and lawsuits alleging the misuse of market power. We confront litigation on a range of business practices including strategic alliances, distribution practices, product innovation, and changes in existing distribution or pricing strategies. At other times, we help our clients use the antitrust/competition laws to solve problems caused by their competitors or to gain access to new markets. At all times, we provide practical advice.

Our clients rely on us for help with criminal and cartel investigations spanning multiple countries and continents. When an investigation involves several jurisdictions, the strength of our global presence differentiates us from other law firms. We coordinate the defense across time zones and jurisdictions as part of one unified and experienced team.

When one member of an industry is raided by the U.S. DOJ, the European Commission, or another antitrust/competition authority, every member of that industry should conduct a thorough internal review to assess its own potential exposure. Our team works closely with clients to identify business risks and needs, and assists them in acting promptly in the best interest of the business. If a client faces a criminal investigation, we have a strong and experienced team, including several former government enforcers, to defend our client’s vital interests. In many instances, we have persuaded government enforcers to drop an investigation. When necessary, we have represented our clients aggressively and successfully at trial and on appeal.

Civil antitrust litigation (including class actions) can take years to resolve, distract business operations, and cost millions of dollars. We help clients navigate antitrust litigation, whether to seek the earliest and most advantageous exit or, whether to defend civil litigation and litigate class actions, including the judgment to know whether to take a leading role in the defense or to minimize cost by taking a supporting role; whether to aggressively pursue an exit strategy, such as an early motion to dismiss, or to wait and conserve credibility; and how best to distinguish our client from other defendants to minimize exposure. We have also secured monetary recovery for clients injured by illegal cartels.

Corporations may find their competitive activities in Europe threatened or restricted by protectionist measures (State Aid) implemented by national governments of the EU Member States. Our lawyers have extensive experience in the EU State Aid arena, representing both complaining parties and parties accused of benefiting from some form of State Aid. Our clients also face State Aid implications in transactions for the sale of public assets and real estate, and we guide them through the necessary process. We provide advice on State Aid procedures under the Treaty of Rome and relevant subordinate European legislation, as well as the risks involved in the receipt of State Aid.

Our lawyers help clients minimize or avoid antitrust/competition risks by identifying and proactively managing these risks. Our experience includes antitrust/competition audits, compliance programs, staff training and internal investigations. We counsel clients on agreements regarding distribution, agency, purchase and supply, licensing/technology transfer and joint venture, specialization, and research and development. We also advise on pricing and price discrimination issues and market access on behalf of some of the largest companies in the world.

Our lawyers have extensive experience representing clients before legislative bodies and regulatory authorities that are considering legislation or regulations that regulate or affect competition. We have helped shape competition regulations promulgated by such agencies as the Federal Energy Regulatory Commission, the Federal Communications Commission, Department of Transportation, Federal Maritime Commission, the Postal Regulatory Commission, and the UK Environment Agency. We have participated in drafting state legislation and regulations that have an impact on competition in the industries in which our clients participate. We have also advised and represented clients in appellate and judicial proceedings in which challenges to federal and state regulatory actions affecting competition are considered.

For more information, visit our Regulatory practice page.

The consumer protection missions of the FTC, the ACCC and state regulatory authorities increasingly affect our clients’ business operations. Litigation under the Lanham Act and the Australian Consumer Law can expose businesses to millions of dollars in penalties or damages for false advertising or unfair trade practices. We advise and represent clients in consumer protection matters ranging from country of origin claims, misleading or deceptive conduct, false representations, and comparative-advertising claims to mortgage-servicing and financial services investigations. We also defend clients against deceptive practices and unfair-competition claims brought by federal and state regulators, or by private entities under the Lanham Act and Australian Consumer Laws.