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Antitrust, Competition & Distribution

Practices

Antitrust Counseling & Compliance

Effective antitrust compliance is good business practice. Antitrust compliance helps business executives avoid unnecessary antitrust risks and assists them in aggressively pursuing their business strategies with a proper assessment of the antitrust risks. We regularly provide compliance advice for clients on ad hoc issues as well as more formally in training programs.

We counsel clients on antitrust compliance issues, not only in conjunction with litigation or transactional work, but as a long-term relationship, collaborating with our clients on the day-to-day running of their businesses. We follow changes in the law, “hot” topics and trends at the antitrust agencies. We advise on assessing the implications of particular pricing, marketing or distribution practices, vertical pricing and restraints, “dominant” firm conduct, including bundling and pricing practices, competitive pricing practices such as agency models, resale price maintenance, tying, discounting and price disparities. We counsel on so-called horizontal issues, including the broad range of competitor collaborations that occur in the marketplace, such as distribution agreements, joint ventures and participation in trade associations.

Chambers USA Top Ranked 2023

Listed below are representative antitrust matters in which our lawyers have participated.

  • Providing advice on antitrust compliance, including distribution, pricing, joint ventures, license agreements, price discrimination, marketing plans and information exchanges.
  • Advising on, and assisting clients in developing, pricing and promotional programs in compliance with the Robinson-Patman Act and state laws regulating price discrimination.
  • Counseling for trade association activities, including serving as outside general counsel for two national trade associations.
  • Advising manufacturing clients on the legality of product distribution restraints under state and federal antitrust laws and European Union competition law.
  • Advising a national association of farm equipment manufacturers on recourse against exclusionary distribution practices of a major equipment manufacturer.
  • Advising manufacturing clients on the legality of product pricing and discounting under state and federal price discrimination laws.
  • Advising clients on compliance with state, federal and foreign antitrust laws applicable to resale price maintenance, exclusive dealing, loyalty discounts, territorial, Internet and other vertical restraints in product distribution, including the European Commission’s Guidelines on Vertical Restraints.