Capabilities
Antitrust/Competition

Civil/Non-Merger Antitrust Investigations

Our Civil/Non-Merger Antitrust Investigations practice excels at defending clients in civil investigations and proceedings brought by US and EU competition enforcement authorities. 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 Federal Trade Commission (FTC) and Department of Justice (DOJ), US state attorneys general (including multistate attorney general working groups), the European Commission (EC), the UK Competition and Markets Authority, and the German Federal Cartel Office. We also regularly provide strategic advice regarding 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 Assistant Attorney General for Antitrust at the US Department of Justice (DOJ), Director-General for Competition of the European Commission (EC), two Directors of the Bureau of Competition at the Federal Trade Commission (FTC), Deputy Assistant Attorney General for Civil and Criminal Operations of the Antitrust Division, Deputy Director in the Bureau of Competition at the Federal Trade Commission (FTC), and Head of the Food and Pharmaceuticals and Financial Services Units in the European Commission's Competition Directorate General.
  • We are highly skilled at formulating coordinated strategic responses to parallel investigations by multiple enforcers (whether US-EU or Federal and State or multi-EU member state). We 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 employment practices.

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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