Overview
We have a long history of minimizing antitrust liability and effectively engaging with antitrust enforcers on behalf of our clients – ranging in size from emerging growth companies, to publicly-traded, global corporations.
Clients turn to Foley Hoag for the full-range of antitrust support from HSR premerger clearance through complex litigation. We frequently represent clients before the FTC, the Antitrust Division of the Department of Justice (DOJ), State Attorneys General (AGs) and various foreign antitrust enforcement agencies.
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Mergers, Joint Ventures and Strategic Alliances Clearance
We can help you advance your business goals without running afoul of federal and state antitrust laws. Our team includes former senior lawyers from state AG offices, including one former AG, as well as attorneys who worked at the FTC, which provides us with unique informed perspective.
Litigation
Because of our years of experience as successful litigators, we can identify and defend the legitimate business reasons motivating conduct that is challenged in litigation and convince courts and governmental agencies to dismiss claims.
Strategic Counseling
We have a robust counseling practice and work to help clients anticipate and avoid antitrust problems. Our team is adept at issue spotting with regards to potential antitrust risks:
- Pricing decisions
- Meetings and other exchanges of information with competitors
- Trade association activity
- Refusals to deal
- Exclusive dealing and tying restrictions
- Interlocking Directorates
- Managing supplier and customer relations
- Distribution and franchise issues
- Restrictive licensing and other restrictions related to intellectual property
- Dealer terminations
- Standard setting, both public and private
