Antitrust and Trade Regulation
We have represented companies in diverse industries in a broad range of civil, administrative, and criminal antitrust contexts, and have advised clients in the U.S. and abroad on a wide variety of antitrust issues, including:
Representing an acquirer in the adjudicative hearing of the first merger challenge brought by the Federal Trade Commission under its 2020 revised (and subsequently withdrawn) Vertical Merger Guidelines
Advising private equity and investment fund clients in connection with potential antitrust claims of and against portfolio companies and valuation of such claims
Representing a third-party witness in the U.S. Department of Justice's challenge of a proposed acquisition in the publishing industry
Represented a witness in the closely watched Epic Games v. Apple antitrust case
Advising and representing subpoena recipients, third-party witnesses, and trade organizations
Private civil antitrust litigation, including direct- and indirect-purchaser class actions, multi-district litigation, and merger litigation
Criminal antitrust investigations by the U.S. Department of Justice
Civil and administrative antitrust investigations by the Federal Trade Commission
Antitrust compliance auditing and counseling
Merger arbitrage advice
Transactional advice, premerger notifications, and corrective filings under the Hart-Scott-Rodino Act
Joint venture arrangements, including clinical integrations of healthcare providers, competitor collaborations, and teaming arrangements
Distribution and exclusivity arrangements, as well as resale price and minimum advertised price issues
Price discrimination (Robinson-Patman Act) issues
Advertising allowance and merchandising assistance (Fred Meyer Guides) issues
Standard-setting activities
Patent misuse and monopoly leveraging issues
Featured Practice Group Members
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Committee Vice-Chair, ABA Section of Antitrust Law.
Co-Host, Our Curious Amalgam (the ABA Section of Antitrust Law’s weekly podcast).
Former Executive Editor and contributor, Competition Torts News (formerly Business Torts & RICO News), ABA Section of Antitrust Law Competition Torts Committee.
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Represented luxury residential brokerage in high-profile antitrust class action
Represented prominent media trade organization in the landmark Epic Games v. Apple antitrust lawsuit
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Represented Illumina in successful defense of Federal Trade Commission’s challenge to Illumina-GRAIL merger.
Represented Qualcomm in numerous antitrust cases, including Broadcom v. Qualcomm, Lorenzo v. Qualcomm, and Valikhani v. Qualcomm
Represented innovator clients in navigating the intersection between patent, standard-setting and antitrust law, including FRAND commitments, licensing, tying and other issues
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Assisted clients in negotiations concerning international trade agreements
Advised state-owned enterprises on U.S. legal matters for cross-border transactions