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Antitrust

Overview Experience Press Room

Overview

As the U.S. and international antitrust enforcement agencies become ever more aggressive, many of the world's leading companies are faced with a new level of scrutiny of their business decisions. Our global Antitrust Group consists of preeminent lawyers with firsthand experience litigating cases and representing clients throughout the world on a wide variety of mergers, cartel, and other anti-competitive practices investigations. We serve clients in every industry and have developed in-depth knowledge in many, including financial services, sports, health care, pharmaceuticals, energy, transportation, entertainment, media, technology, and communications.

Ranked in the top tier of antitrust practices by US Legal 500, Proskauer's global Antitrust Group includes lawyers with extensive experience in handling both transactional and litigation matters. The groups' leaders include senior members of the federal enforcement agencies, including a former adviser to an FTC Commissioner and former Deputy Assistant Director of the FTC's Bureau of Competition. We have a demonstrated history of negotiating optimal resolutions of investigations and enforcement activity.

With a focus on helping our clients achieve their business objectives by providing concrete, decisive, and practical advice, we have advised clients on a range of transactions, from multibillion dollar, industry-transforming transactions to more routine mergers and acquisitions. In connection with these transactions, our lawyers regularly guide clients through the complex U.S., European, and other international antitrust regulatory regimes, including pre-merger filing under the Hart-Scott-Rodino Act.

Proskauer's antitrust litigators have a wide range of experience and stand ready to aggressively defend or quickly resolve antitrust and unfair competition claims. Our litigators have been involved in many of the cutting-edge antitrust cases over the past decade, representing both plaintiffs and defendants. Our experience in representing clients in numerous bench and jury trials enables us to focus on cost-effective litigation management, trial-readiness, and courtroom persuasion. Our litigators also represent clients in criminal price-fixing cases, including individuals and companies under investigation or indictment, applicants for leniency, and other governmental targets. They also handle major anticompetitive practices investigations and monopolization cases.

Our frontline experience before the agencies and the courts allows us to provide invaluable insight when counseling clients. We focus on our clients' business needs and assess risk from a practical — not theoretical — standpoint and offer effective solutions. Whether it relates to pricing practices, distribution issues, standard setting organizations, or other competitive collaborations, our lawyers understand the economics of the situation, the business, and the strategy. This enables us to appreciate our clients' ultimate objectives and craft creative, nuanced solutions.

As companies have become more globalized, so have antitrust issues, and so have our lawyers. We have offices in North America, Europe, and Asia that are able to provide specialized antitrust advice under U.S., European or Chinese laws. In addition, we work with a network of lawyers throughout the world, often acting as global strategic counsel in cross-border transactions, government investigations, and transnational antitrust litigation. 

Areas of Focus

  • Mergers & Acquisitions before the DOJ, FTC and the EC
  • Hart-Scott-Rodino Filings
  • Civil and Criminal Antitrust Investigations and Litigations
  • Corporate Antitrust Compliance
  • Horizontal Price Fixing and market allocation
  • Vertical Price Fixing/Resale Price Maintenance
  • Territorial and customer restrictions
  • Refusals to Deal
  • Dealer terminations
  • Tying, Bundling, Loyalty Discounts, Bundled Pricing
  • Exclusive Dealing Arrangements
  • Healthcare Issues in Antitrust
  • Joint Ventures and Joint Purchasing Arrangements
  • Sports Leagues and Associations
  • Trade Associations
  • Misuse of Governmental and Standard Setting Processes
  • Intellectual Property/Patents and Antitrust Interface
  • Hatch Waxman Settlements and Reverse Payments
  • Concerted Refusals to deal, Boycotts, Covenants not to Compete
  • Exchanges of Price Information
  • Monopolization, Attempts to Monopolize, Conspiracies to Monopolize and Exclusionary conduct
  • Predation
  • State Competition and Antitrust Laws
  • Federal and State Unfair and Deceptive Trade Competition Laws
  • False, misleading and deceptive advertising, promotions and marketing practices
  • Consumer Class Actions and Parens Patriae Actions
  • Robinson-Patman Price Discrimination and Other Pricing Issues, Defenses and Exemptions

Key Representations

  • Simon & Schuster in 29 purported class actions consolidated in S.D.N.Y. challenging certain publishers’ sale of e-books pursuant to agency distribution arrangements between each of the publishers and electronic book retailers. Successfully negotiated a settlement with DOJ and a parens patriae settlement with 54 U.S. states and territories.
  • SEACOR Holdings, Inc., obtaining summary judgment, affirmed on appeal, dismissing a putative Section 1 class action in its entirety, which had accused SEACOR and others of conspiring to fix prices for helicopter flights to oil rigs in the Gulf of Mexico 

  • Sanofi in securing antitrust clearance for its $20.1B acquisition of Genzyme 

  • CBS in securing antitrust clearance for its joint venture with Warner Bros Entertainment to form the CW Network. 

  • Grifols S.A., a global leader in the production of plasma protein therapies, in connection with its $4 billion acquisition of rival Talecris Biotherapeutics Holdings Corp., creating the world's third-largest plasma-products manufacturer. Our antitrust lawyers played a crucial role in Grifols reaching an agreement with the FTC, persuading the FTC to forego litigation to block the deal after one of the most intense antitrust investigations in recent FTC history 

  • Major League Soccer, in a long-running and high profile antitrust and RICO action brought by ChampionsWorld, a now-defunct promoter of professional soccer matches, concerning the authority to sanction and charge fees for international exhibition soccer matches 

  • Major League Baseball, the National Hockey League, certain of their member clubs, their broadcast partners, and certain subscription television providers, in defense of allegations that they entered into a series of agreements dividing the alleged markets for live video presentations of professional baseball and hockey games, respectively, into exclusive territories in violation of the Sherman Antitrust act. 

  • The ATP Tour in defending against claims by the Hamburg Tennis Tournament of price fixing, allocating markets and monopolizing the market for top-tier men's professional tennis tournaments, resulting in a jury rejecting all of the claims brought against ATP 

  • Biovail Corporation in nine antitrust suits claiming our client sought to suppress competition in the market for hypertension and angina medications, resulting in summary judgment that dismissed all claims and was affirmed by the D.C. Circuit Court of Appeals