Antitrust
Antitrust matters are complex by nature, combining the risk of regulatory scrutiny with possible criminal prosecution and civil litigation. Businesses must consider antitrust implications of conduct when designing and marketing products, dealing with business partners, enforcing licensing and patent rights, conducting mergers and acquisitions or divestitures, and participating in trade associations and joint ventures. Antitrust matters often require interaction with multiple governmental agencies in the U.S. and abroad.
Benesch’s antitrust attorneys assist clients with developing business and regulatory strategies to successfully navigate antitrust and competition law matters. We have handled antitrust and competition matters in industries including health care, pharmaceuticals, life sciences, transportation, distribution, construction, manufacturing, e-commerce and consumer products. Our clients include individuals involved in government investigations, public companies and private equity firms.
Some aspects of antitrust matters which we routinely handle in litigation, pre-litigation and transactional arenas include:
- Contractual review
- Pricing decisions, including predatory pricing, price gouging, resales, internet sales, and other pricing issues
- Marketing decisions and competitive analysis in the arena of attempted monopolization, customer and market area limits
- Horizontal/vertical integration
- Monopoly, conspiracy and other matters under the Sherman Act, the Clayton Act, state antitrust laws and other statutes
- Hart Scott Rodino Antitrust Improvements Act matters
- Robinson Pattman Act matters, including price discrimination issues
- Boycotts, refusals to deal and exclusive dealing arrangements
- Tying and bundling issues
- Import/export tariffs, regulations and bans, including anti-dumping statutes
- International competition issues, including the European Union and Far East
- Antitrust policies, audits and training
We litigate antitrust cases in state and federal courts, defending companies and individuals accused of criminal or civil antitrust violations, and represent clients engaged in mergers or other business combinations before regulatory and enforcement agencies, including the Federal Trade Commission (FTC) and Department of Justice (DOJ). Our work often involves assisting clients who are required to produce extensive documentation or electronically stored information (ESI) as part of governmental investigations. We regularly counsel private equity clients on deals and transactions, especially in relation to due diligence and merger clearance issues. We assist trade associations, cooperatives, and industry groups dealing with competition-related issues for themselves and their members.
Knowledge of antitrust laws and government regulatory and enforcement policies and procedures play an important role in the effective representation of health care providers and payors. Competition issues frequently arise in the health care industry and our Health Care and Litigation attorneys have experience in handling a variety of matters at the federal and state levels.
Experience
- Counseled multinational manufacturers on the application of and compliance with U.S. and EU antitrust law, particularly relating to distributorships, distribution agreements, and vertical restraints.*
- Represented multinational, publicly-traded energy company in anti-corruption risk assessment and revision to FCPA and related anti-corruption policies, procedures, and controls.*
- Represented Tier 1 automotive supplier regarding antitrust implications of a strategic alliance with a competitive supplier in the creation and manufacture of automotive parts.*
- Represented manufacturer of aviation fuel filtration systems in connection with merger challenge and Civil Investigative Demand from the Department of Justice.*
- Represented global services firm in responding to a Civil Investigative Demand from the Federal Trade Commission relating to a merger challenge.*
- Designed and presented training programs for various global companies relating to international antitrust and anti-bribery and corruption compliance.*
- Represented international building products manufacturer on the creation and maintenance of a North American product distribution network.*
- Represented global jewelry retailer in review and assessment of its anti-money laundering compliance program.*
- Represented company in civil litigation against its former employee for breach of duty of loyalty and theft of trade secrets in federal jury trial, winning verdict.*
- Represented manufacturer of offshore drilling equipment in response to Second Request from Department of Justice and Canadian Competition Bureau.*
- Won dismissal of multimillion-dollar antitrust litigation against corporate executive alleged to be ringleader of antitrust conspiracy.*
- Obtained restraining order preventing the FDA from blocking the importation of electronic cigarettes, ruling upheld on appeal.*
- Won willful damage jury award on behalf of global media licensing company for willful infringement of its copyrights.*
- Won punitive damage aware against competitor of client for tortiously interfering with the client’s employees.*
- Represented company alleged to have participated in a RICO conspiracy to defraud government purchasers.*
