Practice Areas & Industries: Duane Morris LLP


Antitrust Clearance and Compliance Return to Practice Areas & Industries

Group Profile Lawyers in this Group Offices Locations for this Group

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.

Group Presentations
  Duane Morris Partner Rebecca Lamberth to Become Co-Head of Commercial, Securities and Antitrust Litigation Division of Firm's Trial Practice Group, Philadelphia and Atlanta, February 4, 2016
Duane Morris Recognized by Houston Business Journal in Tech Deal of the Year , January 21, 2016
Articles Authored by Lawyers at this office:

FDA Proposed Rule on Fixed-Combination and Co-Packaged Drugs
, August 02, 2016
The U.S. Food and Drug Administration (FDA) published its proposed rule on fixed-combination and co-packaged drugs, which relates to both prescription and over-the-counter (OTC) drug products and to combinations of active ingredients under consideration for inclusion in an OTC monograph. The...

FDA Publishes Draft Guidance on Abuse-Deterrence Testing of Generic Solid Oral Opioid Drug Products
, August 02, 2016
On March 24, 2016, the U.S. Food and Drug Administration (“FDA”) published a draft guidance concerning studies for ANDA applicants to demonstrate the abuse deterrence of their generic solid oral opioid drug products. This draft guidance offers ANDA applicants principles for how to test...

FDA Issues Draft Guidance on Data Integrity and Compliance with CGMP
, July 28, 2016
The U.S. Food and Drug Administration (FDA) has recently published the draft guidance, Data Integrity and Compliance with CGMP, which comes after years of increased data integrity issues worldwide, including issues with oversight, or control, of paper records and inadequacies of audit trails. It is...

FDA Solidifies Its Position on Certain Compounding Issues in New Guidance Documents
, July 22, 2016
On June 9, 2016, the U.S. Food and Drug Administration (“FDA”) published two final guidance documents on drug compounding under Sections 503A and 503B of the Food, Drug, and Cosmetic Act (“FDCA”).[1] These guidance documents cover two topics: