Civil/Non-Merger Antitrust Investigations

Leading companies retain Arnold & Porter when faced with a Civil Investigative Demand from the DOJ or FTC, a Request for Information from the European Commission or a subpoena from a state attorney general. Our attorneys bring significant experience engaging with the antitrust enforcement agencies, a comprehensive understanding of government officials' approach to investigations and a practical sense of the antitrust risk associated with various business practices. Importantly, 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.

Deeper Understanding of Government Prosecutors: Our team includes many former US Government prosecutors and senior officials from the FTC, DOJ and the European Commission.

Regular Engagement With Competition Authorities: Our frequent dealings with the competition enforcement agencies provide our antitrust attorneys both critical insight and credibility.

Unrivaled Transatlantic Capabilities: Arnold & Porter excels at defending clients in parallel civil investigations and proceedings brought by US and EU competition enforcement authorities.

Experience Highlights

  • HarperCollins Publishers and Random House, Inc. in government investigations relating to the sale and distribution of eBooks, as well as related litigation.
  • AMC Entertainment Inc. in a DOJ investigation of potential anticompetitive conduct by movie exhibitors.
  • The Associated Press in connection with a successful request for a DOJ business review letter relating to the creation of a registry to facilitate tracking and licensing of news content online.
  • Major patent holder in FTC "6(b)" industry study of Patent Assertion Entities.
  • Major west coast gasoline refiner/marketer in connection with investigations conducted by FTC, DOJ and multiple state attorneys general into possible anticompetitive activity in gasoline pricing.
  • Fortune 500 technology company in connection with an FTC investigation of its conduct as a participant in standard setting organizations; investigation was closed without action.
  • Music Industry Association in an FTC investigation related to a Code of Ethics for members, salary guidelines and model contract provisions.
  • State medical board in a nonpublic FTC investigation of alleged exclusionary conduct.
  • VISA USA in multiple DOJ and state attorneys general investigations of its practices with respect to PIN debit Visa's rules governing merchant acceptance of its cards.
  • Intel Corporation in resolution of FTC litigation challenging alleged exclusionary conduct involving microprocessors and graphics chips.
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