Antitrust and Trade Regulation
Clark Hill’s antitrust attorneys regularly assist clients in commercial transactions, regulatory matters, and litigation. Our antitrust attorneys counsel businesses regarding antitrust risks and issues and zealously advocate for clients in antitrust-related litigation. We are experienced with a wide range of matters, including litigation and trials against competitors, suppliers, and consumers, governmental investigations and enforcement proceedings, and complex business disputes.
Transactional Antitrust Counseling
Our antitrust attorneys counsel clients in mergers and acquisitions, strategic transactions, joint ventures, and business operations, with a primary focus on avoiding costly litigation and mitigating regulatory risk to the fullest extent possible. Our antitrust attorneys have handled matters involving a full array of antitrust issues arising under the Sherman Act, Clayton Act, and Robinson-Patman Act, including:
- Monopolization
- Price fixing
- Distribution and supply arrangements
- Group boycotts and horizontal restraints
- Non-price vertical restraints
- Joint venture proposals
- Merger reviews and oppositions
We regularly advise clients on antitrust risks in business transactions, as well as in Hart Scott Rodino premerger notification filings with the federal government.
Private Antitrust Litigation
Our antitrust attorneys have a long history of successfully assisting clients in the assessment, pursuit, or defense of private antitrust litigation.
We advocate for clients across a wide range of industries, including but not limited to:
- Healthcare
- Insurance
- Aeronautical
- Pharmaceutical
- Construction
- Transportation
- Retail and wholesale
Our litigation strategy includes detailed economic assessments regarding the market effects of the conduct at issue, the merits of existing or potential antitrust claims, risk assessment and mitigation, and potential remedies, including litigation in state and federal courts, if necessary. We have extensive experience handling large, complex class action and multi-district cases that require multi-state coordination and the development of a dedicated team of attorneys.
Regulatory and Criminal Enforcement
We assist clients in dealing with state and federal governmental bodies that oversee regulatory and criminal antitrust issues. Our antitrust attorneys advise clients in matters adverse to the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), and the U.S. Attorney’s offices involving regulatory oversight or governmental investigations and prosecutions. Our attorneys regularly interface with state Attorney General offices regarding state law antitrust and competition reviews and investigations, which allows us to advocate for and defend clients in civil investigations and criminal antitrust proceedings, often achieving favorable outcomes for our clients.