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hearing of the first merger challenge brought by the Federal Trade Commission under its 2020 revised (and subsequently withdrawn) Vertical Merger Guidelines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

  • 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.

  • Represented luxury residential brokerage in high-profile antitrust class action

    Represented prominent media trade organization in the landmark Epic Games v. Apple antitrust lawsuit

  • 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

  • Assisted clients in negotiations concerning international trade agreements

    Advised state-owned enterprises on U.S. legal matters for cross-border transactions