Antitrust and Trade Regulation

To help clients mitigate future antitrust risks while attaining their business objectives, we advise on matters such as:

• structuring joint ventures
• supervising trade association activities
• enforcing IP rights
• structuring dealer or distribution relationships and effectuating terminations
• identifying and preventing possible antitrust problems involving pricing, including effective implementation of minimum advertised pricing programs
• developing and implementing antitrust compliance policies, programs and related training (including enterprise-wide programs and programs targeted to key personnel involved in areas such sales, bidding, pricing, and procurement)

When clients experience mergers or buying or selling a businesses, we guide clients through the maze of antitrust laws that come into play in at various points in the process, including by:

• assessing regulatory risk associated with proposed transactions
• preparing premerger notification filings (under the Hart-Scott-Rodino Antitrust Improvements Act) if required
• ensuring due diligence and other pre-consummation activities are conducted in a manner compliant with antitrust laws
• responding to formal and informal requests for information or testimony, on behalf of both parties and non-parties, to from antitrust regulatory and investigatory bodies, including the FTC or DOJ and state attorneys general

We represent clients facing potential criminal antitrust issues, including conducting internal investigations, responding to grand jury subpoenas, providing grand jury testimony or interviews with the enforcement authorities, negotiation of plea agreements, and criminal trials.

Our trade regulation litigation and counseling experience includes:

• franchise regulation and compliance issues
• trade secret and non-competition issues
• advertising, product pricing, and labeling
• warranty matters
• sweepstakes and promotions
• franchising
• specific rules and regulations governing certain industries, including petroleum distribution, automobile and equipment dealerships, securities, funeral services, manufactured housing, healthcare, and beer and wine distribution.