Faegre Baker Daniels uses an interdisciplinary approach in handling antitrust and trade regulation matters. Our corporate and antitrust litigation attorneys work closely with our regulatory compliance and corporate finance teams to deliver integrated client support on antitrust issues. We advise clients on the antitrust implications of mergers, acquisitions, divestitures, licensing and other IP-related matters, joint development and joint venture arrangements in the United States, Europe and Asia.

Antitrust Counseling

We help clients minimize antitrust exposure by counseling on trade association participation, horizontal and vertical pricing strategies, and adherence to Robinson-Patman Act provisions concerning price discrimination and promotional programs. We advise on distribution issues such as tying, exclusive dealing, customer and geographic restrictions, and distributor terminations. When competitors issue complaints against our clients, we craft strategic responses. 

Audits and Training

To keep clients apprised of risks and violations, we conduct complete antitrust audits that include reviewing documents and policies, interviewing key executives and employees, and recommending steps for reducing risk. We help companies without internal antitrust guidelines develop policies and procedures and establish employee training programs to decrease risk.

Mergers and Acquisitions

Our antitrust lawyers are familiar with government approaches to merger reviews and civil and criminal investigations. We guide clients during pre-merger compliance, second requests under the Hart-Scott-Rodino Antitrust Improvements Act, challenges to mergers, and enforcement actions by the Justice Department and Federal Trade Commission.

International Competition

We assist clients in challenging competitors' antitrust violations by analyzing infringements, asserting the rights of harmed entities and pursuing claims. Violations we confront include actual and attempted monopolization by competitors, unilateral and concerted refusals to deal, and horizontal, vertical and predatory pricing.

Litigation

Using our expertise in advisory opinion and business review processes, we help clients successfully petition agencies for antitrust relief. We litigate Sherman Act Section 1 cases involving price fixing, market allocation, dealer termination and vertical restraints, and Section 2 cases involving monopolization claims, as well as proceedings related to other federal and state statutes. We defend parties in antitrust-related criminal proceedings, often in conjunction with civil litigation, and represent clients in multiparty class action litigation.