With continued aggressive antitrust enforcement and an increasingly litigious commercial culture, businesses face a growing challenge in navigating federal, state, and international antitrust and competition laws. These laws can hinder commercial transactions, impose significant damages, and potentially lead to criminal liability. Companies facing antitrust issues need counsel who can help them navigate the requirements, communicate effectively with regulators, and, if necessary, litigate on their behalf.
From compliance counseling to planning an acquisition to responding to government investigations, Blank Rome’s antitrust attorneys have the breadth of experience and knowledge to help you address private, criminal, or corporate antitrust issues. And with more than 300 litigators across 13 offices, we can help you plan an effective antitrust litigation strategy and take your case to trial if needed.
We frequently represent clients before the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission in investigations and inquiries concerning alleged violations of the Sherman and Clayton antitrust acts and Section 5 of the FTC Act.
How We Can Help
- Domestic and international mergers and acquisitions
- Joint venture formation and operation
- Agreements among competitors (for example, joint purchasing, marketing, and development agreements)
- Pricing and distribution issues
- Intellectual property licensing issues
- Exclusive dealing arrangements
- Bundling arrangements
- Membership in, and activities of, trade associations
- Information exchanges
- Federal and state unfair competition and trade practices
The best defense against antitrust investigations and litigation is ensuring that antitrust laws aren’t violated in the first place. We counsel clients through the complexities of antitrust compliance, risk minimization, and transaction structuring. Our strength lies in the development of strategies related to mergers and acquisitions and obtaining pre-merger clearance from government authorities. We’ve sought Business Review Letters from the Department of Justice (“DOJ”), appeared before the DOJ and the Federal Trade Commission (“FTC”), and responded to second requests following pre-merger filings under the Hart-Scott-Rodino Act (“HSR”).
Antitrust Litigation and Investigations
We advise clients responding to private antitrust claims (both individual and class claims), including alleged price fixing, customer or territorial allocation, monopolization, tying, and predatory pricing claims, as well as defending against IP antitrust-related counterclaims. These cases can range from the relatively simple (asserting per se liability, for example) to those requiring sophisticated economic analysis to establish or defeat liability.
In criminal matters, we assemble a team using attorneys across the Firm to provide comprehensive litigation advice during all phases of criminal investigations, grand jury matters, trials, sentencing, and appeals. On a daily basis, our attorneys are working with corporations and individuals confronted with investigations and allegations of price fixing, bid rigging, market allocation, kickbacks, monopoly, and other anti-competitive conduct.
We frequently represent clients before the Antitrust Division of the DOJ and the Federal Trade Commission in investigations and inquiries concerning alleged violations of the Sherman and Clayton antitrust acts and Section 5 of the FTC Act. We also represent clients against state attorneys general and district attorneys for alleged violation of state anti-competition laws.
We have experience representing clients in many industries, including automotive, aviation, banking & financial services, chemical, computers & electronics, consumer goods, energy, film production, healthcare, high technology, industrial manufacturing, insurance, maritime & shipping, medical devices, pharmaceuticals, steelmaking, and telecommunications.
What Sets Us Apart
- Our litigation team is composed of nearly 30 former Department of Justice attorneys and five former judges and many of the team members are members of the prestigious American College of Trial Lawyers.
- Law360 named Blank Rome a 2017 “Pennsylvania Powerhouse” and recognized “its prolific national litigation practice and deep bench strength.”
- Ranked Tier 1 in 2021 U.S. News & World Report–Best Lawyers® (Woodward/White, Inc.) national ranks for Commercial Litigation, Banking and Finance, Bankruptcy, Tax Law, and White Collar Litigation. Also highly ranked nationally for Intellectual Property, Patent, Securities, Environmental, and Labor & Employment.
- Chambers USA editors state Blank Rome has a:
- “Significant commercial litigation practice, offering sought-after representation across a range of cases including securities, antitrust, environmental, construction and cybersecurity disputes. Further highlighted for its federal appellate work and for its experience in class action defense.”
- Chambers USA editors further remark:
- “The litigation team was excellent. Each of the lawyers brought a very interesting element to the team and they blended together well. They were great and I would highly recommend them!"
- Appellate Litigation
- Business Litigation
- Class Action Defense
- Privacy Class Action Defense
- Delaware Corporate Litigation
- Mass Torts & Complex Disputes
- Product Liability
- Drugs & Medical Devices
- Toxic Torts
- Professional Malpractice Defense
- Securities & Shareholder Litigation
- White Collar Defense & Investigations