Antitrust and Competition Regulatory and Enforcement
Our Antitrust & Competition Regulatory & Enforcement practice includes all aspects of antitrust and competition-related regulatory compliance and defense of clients in antitrust and competition investigations and regulatory enforcement actions. We offer a well-rounded perspective and our team members based in Washington, D.C., New York, and Europe work seamlessly across offices and borders to help clients with multi-jurisdictional investigations. We also have earned the respect of the regulators and are able to offer companies opportunities to bring anticompetitive activities in the marketplace to the attention of state and federal antitrust enforcers.
We regularly assist companies and executives in regulatory investigations relating to allegations of antitrust and competition law violations. Whether responding to a DOJ criminal investigation or an FTC civil investigation, our Chambers and The Legal 500-ranked white collar defense and corporate investigations team has a superb record in achieving favorable results on behalf of our clients. In enforcement actions, we are skilled trial lawyers and are comfortable handling cases in federal courts as well as before FTC administrative law judges. We have particular strength in helping companies navigate parallel government and civil actions and working with them to determine the most advantageous litigation strategy, including working with economic experts as appropriate, when facing criminal and civil actions relating to the same conduct.
Members of our team have been recognized by Chambers USA, Who’s Who Competition, The Legal 500 and other recognized ranking publications in the antitrust category. Several of our partners have served in leadership roles within the ABA Antitrust Section for years, and our senior attorneys regularly lecture and write on issues of interest to the antitrust community.
Antitrust & Competition Investigations
Select matters handled by our attorneys include:
- Represent a public streaming entertainment company in its capacity as a third party in various civil investigations and litigation brought by the FTC and certain U.S. state attorneys general in which the company’s interests are impacted by the actions of the largest Big Tech companies.
- Represent a company in a highly concentrated sector of the entertainment industry in seeking DOJ and state AG review of the anticompetitive effects of a decade-old merger.
- Represent an innovative technology company in connection with DOJ antitrust litigation against Google.
- Represent a media and entertainment company regarding an investigation involving anticompetitive conduct by a large technology company.
- Last month, the FTC released a new policy statement noting its broadened view of the scope of its power under Section 5 of the FTC Act, signaling that it may find certain private equity rollups violate its interpretation.
- The FTC policy statement came on the heels of a DOJ announcement that it would be increasing the enforcement of Section 8 of the Clayton Act.
- These developments underscore the need for private equity companies to take particular care in observing U.S. competition laws, as there will be greater scrutiny of private equity firms.
In this client alert, Melissa Maxman, Ronald Wick, and Alisa Lu analyze what these actions mean for the future of antitrust enforcement in the private equity sector and provide insight into how PE firms can prepare themselves for continued additional scrutiny.