Practice Areas & Industries: Duane Morris LLP


Antitrust Clearance and Compliance Return to Practice Areas & Industries

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Practice/Industry Group Overview

Antitrust laws affect almost every company that does business in the United States, regulating relations with their markets, competitors, suppliers and customers. These laws are serious. Violations trigger serious consequences.

Duane Morris' corporate antitrust practice can help companies with essential guidance on antitrust counseling, M&A transactions and merger clearance, and antitrust training and audits.

Antitrust Counseling

Antitrust law's reach extends to most companies doing business in the United States, even those in so-called "exempt" industries, which are almost always governed by competition law through some agency regulation. Inadvertently violating antitrust law carries great risks from government or private action. Like many other areas of law, it is prudent to understand the law so you can plan your business operations to minimize risk.

Lawyers at Duane Morris regularly advise companies on all antitrust market-conduct issues, including:

  • pricing
  • price discrimination
  • product distribution
  • dealer terminations
  • standard setting
  • trade association activity
  • relationships with competitors
  • refusals to deal
  • information exchanges

Our attorneys work with clients' in-house lawyers and executives to create an economical program that fits the business' needs.

M&A Transactions and Merger Clearance

Duane Morris attorneys have counseled companies of all sizes, including Fortune 100 companies, on domestic and international merger clearance issues.

We have cleared extraordinarily complex and disputed mergers before the Department of Justice (DOJ) and Federal Trade Commission (FTC), well as in the European Union, and have supervised both U.S. and international antitrust clearances in 75 countries. We also provide integration planning and guidance. Our antitrust attorneys have worked in all sorts of industries, such as biotech; insurance; Internet; recorded music; and energy, including oil, gas, LNG, pipeline, coal, electric generation and electric transmission.

Planning the antitrust aspects of a merger starts as soon as the parties consider the project. Duane Morris lawyers can offer essential preliminary advice to get the deal started on the right path.

Antitrust Training and Audits

It is vital for businesses to have an antitrust policy, ensure that executives and employees are trained in antitrust compliance and periodically check that the policy and training are producing the right results. Our lawyers are experienced with helping companies set up an antitrust policy, and they can also provide essential training through in-house seminars for your legal staff and employees.

Of course, the best corporate antitrust policy is of no use if businesses do not comply with it. We help clients manage periodic audits to make sure employees respect and observe the antitrust policy.

Antitrust Litigation and Other Services

In addition, Duane Morris has litigators experienced in contentious antitrust matters, ranging from claims of price-fixing and attempted monopolization to grand jury investigations and class actions. The firm also has superior bench strength in intellectual property, bankruptcy, healthcare, employment law and many other disciplines.

Articles Authored by Lawyers at this office:

FDA Issues New Documents Governing Drug Compounding
Patrick C. Gallagher,Rachael G. Pontikes,Alison T. Rosenblum, April 14, 2015
The first few months of 2015 have proven very active for the U.S. Food and Drug Administration (FDA) and its regulation of pharmaceutical compounding. On February 13, 2015, FDA announced the release of five new documents related to drug compounding and repackaging. The documents provide further...

Health System Integration and Antitrust Laws on Collision Course
Philip H. Lebowitz, March 18, 2015
Health systems attempting to fulfill the mandate of integrating hospitals and physicians may find themselves accused of going too far. Although the Affordable Care Act, shared savings, gainsharing and other alternative payment methodologies have made integration of physicians, hospitals and other...

FDA Issues Guidance on Registration, Fees and Reporting Requirements for Drug Compounding Outsourcing Facilities
, February 26, 2015
On November 21, 2014, the U.S. Food and Drug Administration (FDA) announced the release of three new guidance documents related to drug compounding outsourcing facilities. These documents include:

OFAC Publishes Guidance Relating to Provision of Temporary Sanctions Relief (Iran)
, February 16, 2015
On December 9, 2014, the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), published in the Federal Register (Vol. 79, No. 236, pp. 73141¿73143) previously issued guidance relating to the provision of temporary sanctions relief affecting:

Compounding Pharmacy Co-Owner Pleads Guilty to Misdemeanor Criminal Violations of the Food, Drug, and Cosmetic Act
Frederick R. Ball,Rachael G. Pontikes,Alison T. Rosenblum, January 19, 2015
The U.S. Food and Drug Administration, acting through the U.S. Department of Justice appears to have relied on the Park Doctrine to hold a corporate officer of a compounding pharmacy criminally responsible for the pharmacy's violations of the Federal Food, Drug, and Cosmetic Act (FDCA). As...

FDA Report on Standardizing and Evaluating Risk Evaluation and Mitigation Strategies (REMS)
Frederick R. Ball,Emily N. Winfield, January 19, 2015
The U.S. Food and Drug Administration (FDA) recently published a report titled "Standardizing and Evaluating Risk Evaluation and Mitigation Strategies (REMS)," which summarizes stakeholder engagements completed in fiscal year 2013 and fulfills FDA's Prescription Drug User Fee Act (PDUFA)...

FDA's Final Guidance on the Circumstances That Constitute Interference with a Drug Inspection
Carolyn A. Alenci,Frederick R. Ball, January 19, 2015
The U.S. Food and Drug Administration (FDA) recently published its final Guidance for Industry detailing circumstances that would constitute interference with a drug inspection under the Food and Drug Administration Safety and Innovation Act (FDASIA), signed into law on July 9, 2012.

Significant Changes to U.S. Embargo of Cuba Likely in Place Within a Few Weeks
Jose A. Aquino,Lawrence W. Diamond,Brian S. Goldstein, January 19, 2015
On December 17, 2014, President Obama announced that the United States would make significant changes to the embargo covering Cuba. It is understood that the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), will implement significant changes to the current embargo of Cuba,...