Antitrust

Taft’s Antitrust practice has a depth of experience representing clients in the varied ways federal and state antitrust laws impact their businesses. Our attorneys provide counsel on avoiding conduct that can lead to large criminal and civil penalties. When clients are accused of violating antitrust laws, we bring to the courtroom years of experience in litigating antitrust cases to successful conclusions.

Our antitrust experience covers all areas of antitrust and trade practice law, including:

Counseling

We routinely counsel clients in varied industries on:

• Pricing – Pricing decisions and policies, exchanges of price information, bidding for public and private contracts, price discrimination, resale price maintenance, and predatory pricing.
• Distribution – Structuring distribution systems, dealer relations, dealer termination, Internet selling, franchise relations, exclusive contracts, and related matters.
• Advertising – Cooperative advertising programs, minimum advertised price policies, and related issues.
• Purchasing – Forming purchasing cooperatives, exclusive purchasing arrangements, monopsony issues, and buyer liability under the price discrimination laws.
• Mergers and acquisitions – Advising with regard to proposed mergers and acquisitions, compliance with pre-merger notification requirements in the U.S. and other countries, and responding to investigations initiated by the Department of Justice, the Federal Trade Commission, or a state attorney general.
• Competitor cooperation – Joint ventures in the U.S. and in foreign nations, trade association activities, licensing, and related areas.

Litigation

Taft has a long history of defending criminal antitrust investigations and prosecutions and in litigating civil antitrust claims. Taft’s antitrust attorneys have handled antitrust cases throughout the U. S., including:

• Criminal defense and grand jury investigations.
• State attorney general investigations and/or resulting civil proceedings.
• Department of Justice/FTC investigations, reviews, and/or enforcement proceedings.
• Private antitrust suits for damages or injunctive relief.

Antitrust Compliance

Because the penalties for antitrust violations are severe, our antitrust attorneys stress preventive antitrust. We have developed antitrust compliance programs for numerous clients. Each compliance program is specifically designed for the client and industry and may include written compliance guides, periodic training sessions for management, marketing and key personnel, as well as use of videos or the Internet, and periodic reviews of client operations to address antitrust issues.

Health Care

Taft’s antitrust attorneys regularly advise health care businesses, including hospitals, senior living facilities, health care networks, physician groups, health care organizations, manufacturers of health care equipment or products, and providers for ancillary health care services. Our attorneys counsel clients on negotiations with payor organizations, mergers and acquisitions, staff privileges, exclusive contracts, most-favored nation clauses, and the Health Care Quality Improvement Act.

Criminal Defense

Taft has a long history of defending criminal antitrust investigations and prosecutions.  Taft’s criminal expertise extends internationally to global antitrust investigations, including several investigations involving Japanese auto suppliers.