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 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:
- 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...
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,...
DEA Releases Final Rule on Disposal of Controlled Substances
, October 03, 2014
On September 9, 2014, the U.S. Drug Enforcement Administration (DEA) released notice of a final rule governing the disposal of controlled substances (the "Final Rule"). The Final Rule implements the Secure and Responsible Drug Disposal Act of 2010 (the "Disposal Act"), and...
FDA Gives Guidance on Compounding for Human Use
, July 23, 2014
In July 2014, the U.S. Food and Drug Administration (FDA) released five documents containing policies and proposals that affect both traditional compounding pharmacies and outsourcing facilities that compound drugs for human use.