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Services Available
Mergers & Acquisitions
Without thorough preparation, any merger or acquisition can be subject to delay or even denial. That is why at Fulbright & Jaworski, we help our clients assess potential marketplace and government agency reactions to proposed transactions. We have handled hundreds of mergers and acquisitions that have withstood scrutiny in dozens of industries.
Fulbright provides services at all stages of the transaction:
- Analyzing the likely antitrust issues in proposed transactions
- Preparing the Hart-Scott-Rodino Act filings
- Defending clients in merger investigations by the FTC, DOJ and state attorneys general
- Representing third parties who may be impacted by proposed mergers
Civil Anti-Trust Litigation
Every business faces the possibility of civil antitrust litigation in the normal course of operations, whether brought by a government agency or a private party. At Fulbright & Jaworski, we have represented both defendants and plaintiffs on virtually every type of civil antitrust claim, including RICO claims and business torts.
Fulbright has extensive experience in industries, involving issues as diverse as:
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Monopolization |
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Dealer Terminations |
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Price Fixing |
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Gasoline Marketing |
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Price Discrimination |
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Educational Services |
Our work has included class actions and multi-district litigations ("MDL") across numerous industries. Fulbright has worked on class action antitrust cases, involving issues as diverse as oil royalties, natural gas sales, explosives, corrugated containers, title insurance, cement and milk production.
Criminal Defense
Fulbright & Jaworski antitrust attorneys represent clients from the outset of grand jury investigations. Whatever the extent of the proceedings, we assemble a team with the right experience for that particular industry.
In fact, Fulbright handled one of the first contested court hearings to determine the fine for a corporation under the federal sentencing guidelines in an antitrust price-fixing case.
Distribution and Marketing Issues
Fulbright & Jaworski's antitrust legal team advises clients on structuring distribution systems, marketing programs, licensing and other business arrangements with suppliers, wholesalers, agent/brokers and customers.
We focus on helping clients achieve their business goals while limiting their exposure to antitrust claims such as:
- Price discrimination
- Tying and bundling products
- Resale price maintenance |
- Territorial and customer limitations
- Discriminatory promotional allowances
- Refusals to deal |
Government Agencies
Fulbright & Jaworski's antitrust legal team advises clients on structuring distribution systems, marketing programs, licensing and other business arrangements with suppliers, wholesalers, agent/brokers and customers.
We focus on helping clients achieve their business goals while limiting their exposure to antitrust claims such as:
- Price discrimination
- Tying and bundling products
- Resale price maintenance |
- Territorial and customer limitations
- Discriminatory promotional allowances
- Refusals to deal |
Intellectual Property
Fulbright & Jaworski handles complex issues that arise at the crossroads of antitrust and intellectual property. We are prepared to protect our clients' copyrights, patents, trade secrets, trademarks or related interests and have represented clients in antitrust matters arising from a misuse of intellectual property.
Compliance Programs
To reduce your company's risk, proactively developing and implementing customized antitrust audit and compliance programs is crucial. Fulbright & Jaworski helps formulate these programs designed to encourage compliance and mitigate sanctions should a violation occur.
We also assist companies in internal investigations and audits to uncover any wrongdoing by employees and limit exposure to civil and criminal antitrust claims.
Deceptive Trade Practices
What may seem like a clever promotional tactic can result in antitrust charges from competitors or regulatory agencies. Proactive monitoring by experienced legal counsel can reduce your exposure. But if it comes to litigation, Fulbright & Jaworski is consistently ranked as one of the top litigation firms in the nation.
Whether the alleged unfair or deceptive practices are governed by the FTC Act itself or "Little FTC Acts" enacted by various states, Fulbright has the experience to help, both in individual cases and in class actions.
We have also handled claims of unfair or false advertising before the Better Business Bureau's National Advertising Division and have both defended and pursued false and deceptive advertising issues under the Lanham Act.
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