Antitrust & Competition
Sitting at the intersection of industry, economics, and politics, the antitrust and fair competition laws set the terms by which businesses can compete. So whether you’re pursuing a strategic M&A deal, facing a class action litigation, litigating a business dispute with a competitor, navigating a government investigation, or simply seeking day-to-day compliance counseling, having clear, actionable antitrust and competition guidance is essential for best achieving your business goals.
Based throughout the United States, Brussels, and Mexico City, our antitrust attorneys understand not only the complexities of antitrust law, but also the realities and demands of modern business. Our leadership in the health care, life sciences, manufacturing, innovative technology, and energy sectors provides concrete, practical solutions in an efficient, timely manner.
We know well how to litigate against government antitrust authorities. Our attorneys include former federal prosecutors and trial attorneys from the U.S. Department of Justice Antitrust Division, the Federal Trade Commission, and State Attorney General Offices. We bring exceptional talent and experience from the courtroom to the board room.
Our Approach to Antitrust and Competition Issues
We help our clients understand and anticipate the evolving regulatory landscape. With urgency and skill, we address the roadblocks that can jeopardize your ability to compete. We start each matter by understanding your objectives and then partner with you to develop and execute on a strategy to help mitigate risk and achieve your business goals. Clients choose Foley time and again because our approach works.
Whether your objectives are litigation, transactional, or compliance-oriented, having smart, experienced counsel is essential. You need confidence that your team has both the legal acumen and the business chops to get the job done. We bring a strong, interdisciplinary team to your matter. We have the depth and experience to handle any antitrust matter, whether it’s a bet-the-company, class-action lawsuit, a criminal investigation, a multi-billion-dollar merger, or a 10-minute compliance question.
An ounce of prevention is worth a pound of cure. But when it comes to antitrust compliance, that may be an understatement. We help clients identify risks and tailor effective compliance solutions up-front, to lessen the risk of costly, distracting investigations or lawsuits on the back end. We provide the full range of antitrust counseling services, from quick, one-off counseling questions to employee trainings and full-scale compliance audits.
When it comes to antitrust litigation, our attorneys do it all. We litigate the largest class-actions in the country, defend federal and state civil and criminal investigations, and represent clients in antitrust counterclaims in intellectual property and other disputes. We learn your case from top to bottom — identifying the facts and evidence, performing risk analyses, and developing case themes and strategies. And when a case goes to trial, we have the experience to try any case, large or small.
Moreover, when clients face a criminal investigation or charges, we join forces with Foley’s Government Enforcement Defense & Investigations litigators to aggressively defend companies, corporate boards, and individuals.
Antitrust in M&A
In mergers, acquisitions, joint ventures, and other strategic collaborations, antitrust compliance is essential. Our services include structuring transactions to lessen antitrust and competition risks, preparing premerger notification filings under the Hart-Scott-Rodino (HSR) Act, and responding to investigations both in the United States and abroad. We also ensure antitrust and competition compliance throughout the due diligence and integration planning processes, to protect your confidential information and lessen the risks of potential regulatory complications down the line.
Antitrust in Intellectual Property
When antitrust issues arise in intellectual property matters, we collaborate with our colleagues in our Intellectual Property Department to forge effective strategies for our clients. We litigate cases and counsel clients on issues such as IP licensing, patent misuse, and bad faith intellectual property enforcement.
We are lawyers. But we are also trusted business advisors, counseling clients on antitrust compliance and fair competition, including interactions with competitors, supply agreements, restrictive covenants, and pricing issues. We provide comprehensive compliance training programs, and we also field routine, one-off compliance questions. No issue is too small or too large. For each issue we face, our experienced, savvy team brings practical advice to help you achieve your business goals.