Clients call on us in antitrust matters because of our track record. They know that we are immersed in their businesses and that we have the know-how to deliver practical, real-world solutions to the complex antitrust issues they face.
Venable attorneys are highly experienced in the full range of antitrust matters. Our clients rely on us for our outstanding record in mergers and acquisitions, advocacy before antitrust law enforcers, representation in government investigations, and antitrust litigation. We have deep knowledge of a wide variety of industries, particularly healthcare and pharmaceuticals. Venable brings years of experience with complex antitrust issues and the hard realities of government investigations and litigation.
Clients benefit from the firm's deep breadth of services across a vast array of disciplines, as well as the fact that a number of Venable attorneys have served as regulators and prosecutors within government agencies.
Civil and Criminal Antitrust Investigations
Clients rely on Venable as a result of our success in defending against civil and criminal investigations brought by the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), and state attorneys general concerning alleged anti-competitive conduct. We also represent complaining parties and recipients of third-party subpoenas in connection with government investigations.
Antitrust Litigation
Venable attorneys represent clients in both private and government antitrust litigation, including significant matters before the courts. Our attorneys defended a Fortune 10 consumer products company against multiple claims under the Sherman Act, culminating in a three-month jury trial involving retail marketing, category management, rebates, and exclusive dealing. Our attorneys also defended a Fortune 20 beverage manufacturer against claims under the Sherman Act arising from termination of a dealership, culminating in a five-month jury trial. Venable attorneys represented plaintiffs in litigation against a dominant agricultural cooperative/beverage manufacturer claiming violations of the Sherman Act and the inapplicability of the Capper-Volstead Act antitrust exemption. Our attorneys also have successfully defended several clients against merger challenges brought by the FTC and DOJ.
Mergers, Acquisitions, and Joint Ventures
We are well versed at identifying, structuring, and managing the antitrust risks associated with mergers, acquisitions, and joint ventures. We routinely work with our clients to shepherd their transactions through agency review processes – both domestically and before foreign competition authorities – and to proactively resolve competitive concerns. We have orchestrated asset divestitures, working with court-appointed monitors to ensure compliance with complex consent orders. Venable attorneys also have a solid reputation for opposing mergers pending before antitrust authorities.
Hart-Scott-Rodino (HSR) and Foreign Competition Filings
Venable attorneys routinely analyze transaction filing obligations all over the world. We use our extensive experience to prepare HSR submissions and secure antitrust approval from the FTC and the DOJ. We also analyze and prepare foreign filing submissions, and consult with local counsel to obtain transaction clearance by foreign competition authorities.
Antitrust Compliance and Audits
Our attorneys have conducted antitrust audits and internal investigations for Fortune 500 companies, as well as small, emerging companies. Working closely with our clients, we design and implement antitrust compliance programs tailored to their needs. We also conduct training seminars for company executives and associations to teach them how to avoid antitrust landmines.
Distribution and Licensing Counseling
Venable attorneys advise clients on the legality and structure of distribution arrangements and licensing agreements. We help design effective marketing programs that ensure compliance with resale price maintenance laws and the Robinson-Patman Act.
Standards Setting, Best Practices, and Certification Programs
Venable attorneys counsel clients on structuring and implementing standards setting, best practices, and certification programs in a variety of industries. In addition, our trade association clients routinely rely on our advice for membership issues.
Practice Focus
- Antitrust agency advocacy
- Antitrust audits and compliance programs
- Antitrust litigation
- Civil and criminal investigations
- Distribution counseling
- Hart-Scott-Rodino and foreign merger filing obligations
- Internal investigations
- Joint ventures
- Licensing agreements
- Mergers and acquisitions
- Standard-setting activities
- Unfair competition
Representation in Cases of
- Dealer terminations
- Exclusionary conduct
- Market allocation
- Monopolization
- Predatory practices
- Price fixing
Industry Focus
- Chemicals
- Coal
- Construction
- Consumer products
- Defense industry
- Food and agriculture
- Healthcare
- Hospitality
- Industrial products
- Media and entertainment
- Metals
- Oil and gas
- Oilfield products and services
- Pharmaceuticals
- Publishing
- Software
- Supermarkets
- Telecommunications
- Transportation
