Capabilities
Antitrust/Competition

Civil Antitrust Investigations

Our Civil Antitrust Investigations practice excels at defending clients in civil investigations and proceedings brought by the Federal Trade Commission (FTC) and Antitrust Division of the US Department of Justice (DOJ). We combine significant and varied experience with agency enforcement actions, a deep understanding of the relevant legal standards and case law, and a keen practical sense of the antitrust risk associated with various business practices.

  • Our attorneys have extensive experience defending clients in civil antitrust investigations initiated by the FTC and DOJ, US state attorneys general (including multistate attorney general working groups), the European Commission (EC), the UK Office of Fair Trading, the German Federal Cartel Office, and other government agencies around the world.
  • We have significant experience "on the other side of the table." Our team includes lawyers who have held key senior government positions in European and US antitrust agencies, including Deputy Director in the Bureau of Competition at the Federal Trade Commission (FTC), Assistant Director in the Bureau of Competition at the FTC, Chief of the Communications and Finance Section at the Department of Justice Antitrust Division, and Head of the Food and Pharmaceuticals and Financial Services Units in the European Commission's Competition Directorate General.
  • We are highly skilled at coordinating responses to parallel investigations by multiple enforcers (whether US-EU or Federal and State), and understand the practical ramifications of the interplay between government investigations and related private litigation.
  • Our experience covers a wide range of sectors, including biotechnology, chemicals, energy, information technology, consumer goods and services, financial services, media, pharmaceuticals, medical devices, healthcare, and telecommunications.

Experience

Fortune 500 technology company FTC investigation

Represented client in connection with an investigation of its conduct as a participant in standard setting organizations.

Random House, Inc. In re Electronic Books Antitrust Litigation

Defending the company in connection with a DOJ investigation.

Music industry association FTC investigation

Defended the client in FTC investigation related to a Code of Ethics for members, salary guidelines, and model contract provisions.

State medical board FTC investigation

Represented client in a nonpublic FTC investigation of alleged exclusionary conduct.

VISA USA DOJ and State Attorneys General investigations of PIN debit

Represented client in a DOJ investigation of Visa's practices with respect to PIN debit.

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Perspectives

US Antitrust Year in Review: The Trump Administration's First Year
Arnold & Porter Kaye Scholer Webinar
Standard Essential Patents, Injunctions, and Abuse of Dominance: Europe's Highest Court Sets Important Precedent
Arnold & Porter Advisory
McWane Continues to Fight for Vindication on Appeal of Alleged Exclusionary Conduct (pdf)
Monopoly Matters, ABA Section of Antitrust Law, Volume 12, No. 1
Antitrust Investigations: What Counsel for Pharmaceutical Companies and Medical Device Manufacturers Need to Know

Bloomberg BNA

Six Things For In-House Counsel to Avoid When Appearing Before the Antitrust Agencies (pdf)

The Antitrust Counselor, Volume 8, No. 3

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Overview

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