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In the last five years, Howrey's antitrust attorneys have worked on over 2,200 matters, including:
800 government antitrust mergers and acquisitions
- Representation of Merging Parties
Ongoing consolidation in a variety of industries, nationally and internationally, has led to an explosion in the number and complexity of antitrust issues. In the last decade, mergers, acquisitions, strategic alliances, and joint ventures have become increasingly important for companies that want to retain their competitive position in a global economy. While these transactions consume an enormous amount of resources and involve substantial risks, it is important often for the survival of the involved parties that antitrust clearance be obtained in the most efficient and effective way.
Howrey has had broad experience and success in obtaining federal approval of complex, large-scale mergers in concentrated industries. Our attorneys counsel corporate clients at every stage of the merger process, from an initial analysis of antitrust feasibility and structuring of transactions through enforcement agency investigations.
Although many of our clients have succeeded in avoiding lengthy government investigations of their proposed mergers, we have helped clients to efficiently resolve those transactions that do become the subject of government investigation.
In the last two years, Howrey has represented its clients in over 350 mergers that were subject to federal, state, and/or foreign antitrust agency investigation.
- Opposition to Mergers on Behalf of Affected Parties
In addition to defending mergers against government antitrust review and challenge, Howrey represents clients' concerns about anti-competitive effects resulting from proposed mergers of their suppliers or competitors. Working closely with antitrust enforcement authorities in the United States and Europe, we have assisted many of our clients in blocking or securing substantial modifications to several proposed mergers, acquisitions, and joint ventures.
300 government civil non-merger and criminal actions
- Civil and Non-Merger Government Actions
There has been a steady, but overlooked, increase in civil enforcement by the government in several key industries such as pharmaceuticals, medical equipment, and Internet servers and programs. The areas of focus include consent decree compliance, CID investigations of joint ventures, and the antitrust effects of patent and copyright licensing agreements. Many of these actions represent major test cases by the government and require both skilled antitrust analysis and litigation expertise and resources.
Howrey's antitrust experts have extensive experience in successfully defending corporate clients against civil non-merger investigations by state, federal, and foreign governments involving all types of civil antitrust claims, including:
- concerted refusals to deal
- invitations to collude
- conspiracy to restrict trade
- exclusionary practices and other vertical restraints
We also have represented both complainants and third-party witnesses in various major government investigations.
- Criminal Investigations
Major industry leaders, key executives, and closely held companies have entrusted their defense against criminal antitrust allegations to Howrey. Howrey offers synergies in coordinating a legal response to allegations of "hard-core" antitrust violations. As criminal and civil, domestic and foreign issues converge ever more closely in timing, Howrey's depth and breadth of antitrust experience enables it to resolve criminal exposure while mitigating collateral exposure and exposure in foreign jurisdictions.
Over 30 Howrey attorneys have experience in criminal antitrust matters, including seven former attorneys of the Antitrust Division of the U.S. Department of Justice, the federal agency that prosecutes criminal antitrust violations, and three former federal assistant U.S. attorneys. Howrey has successfully defended clients in all types and stages of both state and federal antitrust grand jury investigations throughout the United States. Howrey lawyers have experience with every office of the Antitrust Division responsible for criminal matters, including each regional office and the newly-titled National Criminal Office. Grand jury investigations now and previously handled by Howrey span a wide range of industries that operate locally, nationally, and internationally.
Howrey has obtained amnesty for its clients, and has negotiated creative plea agreements, but also is prepared to try a case on its merits and defend fully, as appropriate. Moreover, Howrey understands the burdens placed upon a company by allegations of criminal antitrust violation and works with clients to reduce those burdens and maintain vigorous operations during the pendency of the proceedings.
Howrey has served its clients in grand jury investigations, with domestic and international scope, in the areas of basic chemicals, construction, industrial manufacturing supplies, and health care.
500 private antitrust litigation matters
- Private Antitrust Litigation
Howrey's recent record of successful antitrust litigation in federal and state trial courts confirms its position as the country's top firm for private antitrust litigation. The tradition of a world-class litigation capability, combined with the largest, most experienced group of antitrust attorneys outside of the federal government, makes Howrey the firm of choice for antitrust litigation for an ever-growing number of leading global companies.
Last year, Howrey's private antitrust attorneys handled more than 100 cases on behalf of clients in a variety of industries and jurisdictions throughout the United States. With its litigation expertise, Howrey continued to achieve remarkable results, including favorable trial verdicts, summary judgment victories, and appellate decisions, as well as several successful negotiated resolutions of matters with significant (and unrealized) antitrust exposure.
The increasing non-merger enforcement by the federal agencies has had a direct impact on Howrey's private antitrust litigation practice. In recent years, government cases are inevitably followed by private antitrust class actions in federal and state courts. Howrey's unparalleled expertise in government representations, coupled with its core litigation strength, gives clients the strategic and cost advantages of placing their antitrust defense on both fronts in one firm's hands.
The interaction between antitrust law and intellectual property law has increased dramatically. Today, antitrust and intellectual property issues often go hand in hand in private litigation matters. With one of the nation's largest and strongest intellectual property practices, Howrey is prominently positioned to successfully serve private antitrust clients in an evolving environment.
Howrey's talent base of top-flight antitrust, litigation, and intellectual property attorneys is enhanced by the support of unmatched appellate practitioners experienced in handling antitrust issues in the United States Supreme Court and in all federal circuits and state courts of appeal.
Howrey's attorneys litigate virtually every day and in almost every federal district court throughout United States. A look at the maps detail Howrey's federal trial and appellate cases in state and federal courts since 1995.
The depth and breadth of Howrey's private antitrust litigation practice is unsurpassed and demonstrated by consistent and extraordinary results in recent class actions, trials, appeals, and summary judgments.
600 counseling matters
- Counseling
Howrey's antitrust attorneys have broad experience in counseling clients on a wide range of antitrust issues. With this expertise, Howrey helps its clients by addressing potential problems prior to their occurrence.
The counseling practice has two distinct components. One is the evaluation of the antitrust risk associated with a proposed transaction or course of conduct. The other is the proposal of alternatives that reduce a potential risk and, at the same time, achieve the intended business objectives. Howrey's antitrust attorneys have the most essential credentials that this process requires: substantive skills and experience, keen appreciation of recent developments and future trends, a perspective on government enforcement and its ramifications, and seasoned judgment.
Our antitrust attorneys regularly counsel clients across a broad spectrum of antitrust issues, including the structure and operation of joint ventures, acquisition strategies, information exchanges, distribution practices, (including pricing, marketing, supply arrangements, and reseller relationships), e-commerce, legislative initiatives, intellectual property matters, trade associations, and antitrust compliance and audits.
Howrey regularly provides ongoing assistance across the full range of issues. An example is the case of a major U.S. information technology provider, which Howrey counsels on joint ventures, HSR filing issues, information exchanges, bidding, bundled sales, and interlocking directorates. Another is the case of a major worldwide food and consumer products company, which Howrey attorneys regularly advise on distribution, pricing, issues related to competitor consolidation, e-commerce, collaborations of various types, future acquisition planning, and general antitrust compliance. In other cases, we provide advice in connection with more targeted issues on an as-needed basis.
Our counseling experience ranges across diverse industries, each marked by different market or regulatory structures, distinct competitive issues, and often special distribution problems, and includes rapidly changing marketplaces driven by dynamic and evolving technologies, products, and services.
Howrey represents a substantial client base, including 93 of the Fortune 500 and 95 of the Global 500 companies.
The group's strength lies in its vast experience in solving a broad range of issues in a diverse group of industries, including banking, entertainment, high technology, financial services, food and beverages, consumer products, oil and gas, pharmaceuticals, telecommunication, transportation, and utilities.
For the last decade, Howrey has been a significant player in EU/US antitrust law, and has represented leading global corporations in the most celebrated antitrust matters on both sides of the Atlantic. As domestic and foreign antitrust and regulatory authorities work in concert, Howrey clients capitalize on the European presence, the long-standing and close relationship with DG Competition, and the strong track record in handling EU matters in every area of antitrust law.
In 2002, Howrey has launched a "Transatlantic Cartel Taskforce" (TACT). The team is unique in linking the skills and expertise of a former head of the cartel unit at the European Commission with a team of U.S. litigators at the cutting edge of both U.S. agency work and particularly 'follow-on' litigation.
Enhanced by its in-house consulting affiliate, The CapAnalysis Group, LLC, Howrey has the capacity to support all areas with its staff of highly trained economists, financial analysts, and computer specialists.
CapAnalysis
CapAnalysis, an affiliate of Howrey Simon Arnold & White, provides economic, financial, statistical, and regulatory expertise to assist clients in all types of antitrust, intellectual property, securities, and complex business litigation; corporate investigations; regulatory compliance; business and intellectual property valuations; mergers and acquisitions; insurance recovery and business interruption claims; environmental and asbestos liabilities; and numerous other matters.
CapAnalysis identifies key questions, builds solid analytical foundations that can sustain critical challenge, and communicates findings comprehensively and persuasively.
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