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Antitrust and Trade Regulation

In the increasingly global marketplace, state, federal, and multinational antitrust and competition considerations are core strategic issues for most industries.  With offices in North America, Europe and Asia, K&L Gates’ Antitrust and Trade Regulation practice group is everywhere our clients are, helping them minimize antitrust and competition law risk so that they can focus on their strategic business objectives.  When private litigation or governmental investigations occur, we have the experience needed to resolve them. 

Our Antitrust and Trade Regulation lawyers have decades of experience representing clients in both criminal and civil antitrust and competition law matters before the Antitrust Division of the U.S. Department of Justice, the U.S. Federal Trade Commission, various state attorneys general, the International Trade Commission, the U.K. Office of Fair Trading and Competition Commission, and the European Commission.  Several partners have held senior positions and have led enforcement efforts at the DOJ’s Antitrust Division and the FTC, and K&L Gates lawyers regularly serve as lead counsel in private lawsuits and government enforcement actions.  Our lawyers have also authored numerous treatises, articles, and monographs on antitrust and competition law and regularly speak and appear as panelists on antitrust and competition subjects.

For more information on our lawyers' recent litigation, investigation, M&A and counseling projects, please see our highlights of 2008 Antitrust Group Activities.

In the U.S.
K&L Gates lawyers have decades of experience representing clients in federal and state agency antitrust investigations and in private actions.  Federal antitrust investigations often spawn class actions, False Claims Act follow-on lawsuits, and state and foreign investigations.  K&L Gates puts together an experienced team to handle any litigation need that may arise.  Our antitrust litigation experience includes the defense and prosecution of civil and criminal claims involving:

  • Price-fixing and Cartels
  • Monopolization
  • Mergers and Acquisitions
  • Territorial or Customer Allocation
  • Price Discrimination/Robinson-Patman Act
  • Franchisor-Franchisee Relations
  • Class Actions
  • Counterclaims in Intellectual Property Disputes
  • Competition Issues before Regulatory Agencies
  • Civil and Grand Jury Subpoenas; Plea Negotiations; Amnesty and Leniency Applications
  • California and Other State Antitrust, Predatory Pricing, and Unfair Competition

For more information about K&L Gates’ Antitrust and Trade Regulation Litigation practice, please see Representative Matters/Litigation.

In addition to our litigation experience, we help our clients plan and achieve their business objectives without exposure to unnecessary risk of violating antitrust and competition laws.  Our counseling, planning, and programs experience includes:

  • Mergers and Acquisitions
  • Intellectual Property
  • Trade Associations and Standard Setting
  • Antitrust Compliance Programs, Audits and Internal Investigations
  • Pricing Advice
  • Structuring Relationships (including Joint Ventures and Strategic Alliances)
  • Distribution Systems
  • Franchisor-Franchisee Relations
  • Consumer Protection & Unfair Competition

For more information about K&L Gates’ Antitrust and Trade Regulation Counseling, Planning, and Programs practice, please see Representative Matters/Counseling.

In addition to experience with and knowledge of the antitrust laws, winning an antitrust case — or avoiding one — requires a deep understanding of the industry and its products, services, and geographic markets.  Our experience in the following industries, among others, gives our lawyers insight into the business conditions and strategic challenges faced by our clients and other participants:

  • Agricultural Products
  • Airlines
  • Airport Fixed Base Operators
  • Alcoholic Beverages
  • Automobiles
  • Automotive Components
  • Banking
  • Biotechnology
  • Branded Food and Consumer Products
  • Bread
  • Chemicals
  • Clinical Testing Infrastructure
  • Clothing
  • Computer Reservations Systems
  • Credit Insurance
  • Diamonds
  • e-Commerce
  • Electrical Contracting
  • Electric Power
  • Furniture
  • Grocery Manufacturers and Marketers
  • Health Care
  • Industrial Gases
  • Insurance 
  • Life Sciences
  • Medical Devices
  • Mining Equipment
  • Newspapers
  • Ocean Shipping and Transportation
  • Oil and Gas
  • Outboard Motors
  • Packaging Machinery
  • Paper
  • Pharmaceuticals
  • Retail
  • Seafood
  • Securities
  • Security Systems
  • Soft Drinks
  • Software
  • Steel and Other Metals
  • Telecommunications
  • Textiles
  • Trucking
  • Waste Collection and Disposal
  • Water Treatment Equipment and Services
  • Wholesale Product Distribution

The U.K. And European Competition Practice
K&L Gates’ competition lawyers in London are an integral part of K&L Gates’ international Antitrust and Trade Regulation practice group.  The group provides a broad range of services relating to competition and trade regulation matters in both the U.K. and Europe. 

European competition law is itself derived from the Treaty of Rome (as amended).  In addition, each of the 27 Member States of the EU has its own competition laws.  K&L Gates’ London office performs the function of “European Counsel” for clients wishing to maintain a single point of contact for the management and coordination of legal services for their European business ventures.

Our London-based competition lawyers provide advice regarding a variety of issues under U.K. and EC competition laws, including merger notifications and challenges, competition aspects of commercial transactions and agreements, dominant market position issues, advice regarding new criminal sanctions for competition violations, and advice regarding ongoing compliance and monitoring programs for companies doing business in the U.K.  In addition, they provide advice and coordination regarding compliance with and remedies under the EC Treaty applicable to members of the EU as well as each Member State’s individual competition laws, often in collaboration with competition counsel in the various European Member States.

Although our London office has advised across a very broad range of industries, we have significant experience assisting clients in the following industry sectors:

  • Automotive - distribution of vehicles and parts, vehicle financing, motor sports
  • Beverages - soft drinks, beers and wines, and the retail outlets such as pubs and hotels
  • Leisure - hospitality, sponsorship and insurance products
  • Manufacturing - timber products, household products, electrical products
  • Media - radio and television broadcasting, newspaper and magazine publishing, distribution of sports-related information
  • Sports - golf, horse racing, greyhound racing, motor racing, rugby and soccer
    raw materials - steel, minerals and stone

For more information about our U.K. and European Antitrust and Trade Regulation practice, please see Representative Matters - U.K. And European Competition Practice.


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