Antitrust law, both at the federal and state government levels, regulates the conduct of business organizations by laws that promote fair competition and prohibit price fixing, bid rigging, and other forms of collusion, for the benefit of consumers.
The statutes date back as far as the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. The laws promote market competition, resulting in greater consumer protection, and give the U.S. Department of Justice, Antitrust Division, the power to investigate trusts and companies suspected of violating these actions. To prevail in an antitrust matter, it must be proven that the defendant’s business or businesses actively engaged in undermining fair competition in a given market, resulting in harm to specific individuals or competitors. Those found to be in violation of antitrust laws and price fixing are subject to extensive monetary damages, may be put out of business, and may also face criminal prosecution.
The Taylor Porter antitrust team advises clients on antitrust laws and assist clients on various action items, ranging from drafting a motion to dismiss antitrust claims in a price-fixing class action lawsuit, to evaluating market share information across various industries to analyze antitrust risks prior to proposed mergers, among other issues. We advise clients on whether their business practices comply with regulations and advise clients on possible rigged bids presented to them by contractors and subcontractors.
Representative Experience:
- Representing clients in antitrust litigation, either civil or criminal.
- Evaluating mergers and transactions – analysis of market and antitrust risks.
- Counseling clients on antitrust laws and providing presentations to employers and employees on best practices and avoiding pitfalls.
- Reviewing client’s intellectual property licenses for antitrust risks.
- Reviewing competitor agreements, predatory pricing schemes, and price fixing.
- Recognizing attempts by companies to create monopolies and establishment of monopolies.
- Recognizing unfair business practices.
- Providing contract reviews/revisions/negotiations.
- Representing clients in construction disputes/litigation and public bid disputes.
- Assisting clients in collection matters.
With the rise of mergers & acquisition activity, changes in the United States economy, and the influence of international economies, antitrust enforcement has increased in recent years, and antitrust law has therefore become a growing, global concern. Businesses should take proactive measures in making sure their practices comply with antitrust laws, and be knowledgeable of the practices of competitors, vendors, and subcontractors within their respective industries, that could possibly border on violations of antitrust practices. Our attorneys are available to assist clients through the many complex areas of antitrust law, and counsel clients on best judgments in their business practices and operations.
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