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Antitrust

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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