Antitrust

As one of the Firm’s largest practice areas, our Antitrust and Trade Regulation Group combines wisdom and depth of experience to assist our clients in all antitrust and related matters. 

As one of the Firm’s largest practice areas, our Antitrust and Trade Regulation Group combines wisdom and depth of experience to assist our clients in all antitrust and related matters. 

Our work in this area has been repeatedly cited for excellence by recognized sources including Chambers and Partners, which, according to a client interviewed, noted, “[Freeborn] deals with a variety of antitrust engagements, and its partners are praised for their expertise in defending clients in both civil and criminal actions, government investigations and in assisting with broader antitrust counseling.  The lawyers are very business oriented and take a proactive approach towards letting us run our business but still put us in the right position.”

Antitrust and Trade Regulation Litigation

Our Group tries complex antitrust and trade regulation cases throughout the United States and assists clients in international proceedings before such bodies as the Canadian Competition Tribunal and the European Commission. We have counseled clients and defended large antitrust and trade regulation cases on a variety of issues, including Sherman Act Section 1 and Section 2, the Robinson-Patman Act, Hart-Scott-Rodino merger planning and notification, and international joint ventures. Although most of our work is defending companies and individuals in civil and criminal actions and government investigations, we also represent plaintiffs seeking redress under antitrust and trade regulation laws, including:

  • Private actions under Sections 1 and 2 of the Sherman Act and related state antitrust statutes; 
  • Class actions and multi-district litigation; 
  • Preliminary and permanent injunctive relief; and 
  • Criminal antitrust investigations, including witness preparation for testimony before federal grand juries.

Antitrust and Trade Regulation Counseling 

We regularly solve problems around the world in such areas as distribution and resale strategy, lawful price setting and discrimination, and dealer or distributor appointment and termination (including post-acquisition integration) as well as the interplay between intellectual property and competition policy and the structuring, regulatory filings and implementation of mergers, strategic alliances and joint ventures among competitors.

We are skilled in all aspects of counseling, including:

  • Pricing and distribution channel issues; 
  • International mergers and acquisitions; 
  • Resale prices and Minimum Advanced Prices (MAP) policies; and 
  • Exclusive dealing arrangements. 

To do this well, we have assembled a hands-on team that includes former business managers and in-house counsel, as well as attorneys who are otherwise highly regarded among their peers and the business community. For example, one team member, William Holmes, writes the widely used Antitrust Law Handbook and the annually updated treatise Intellectual Property and Antitrust Law. Partner Jeffery Cross has taught antitrust law at The John Marshall Law School as an Adjunct Professor for 10 years and has several chapters in antitrust treatises. Additionally, Partner David Gustman, is a member of the Advisory Board of the BNA Antitrust & Trade Regulation Report, while others actively participate in trade associations, contribute to a variety of legal and business publications and craft effective corporate compliance programs.

Perhaps one of the best compliments that this Practice Group receives is the fact some of the world’s best-known business consulting firms regularly ask for our assistance on marketing-related legal issues in their domestic and international client assignments.

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