Practice/Industry Group Overview
Kutak Rock LLP's Antitrust and Trade Regulation Group has extensive experience in antitrust counseling and litigation gathered through government service and private practice. Our antitrust attorneys practice in three main areas: Litigation, Antitrust Counseling and Hart-Scott-Rodino (HSR). We provide antitrust representation to companies in banking and finance, computing and telecommunications, traditional manufacturing, retail and franchise sales, transportation, petroleum and energy resources, real estate, health care and international trade.
Litigation. The Antitrust Group has broad litigation experience as both plaintiff's and defendant's counsel, appearing in trial and appellate courts nationwide. Our attorneys have litigated numerous cases, both civil and criminal, including claims of price fixing, bid rigging, monopolization and attempted monopolization, price discrimination and deceptive advertising. The Antitrust Group has represented a broad spectrum of clients in antitrust matters, including Fortune 500 companies in the telecommunications, automotive and consumer products fields, manufacturers, service providers and retailers, financial institutions, hospitals and health care professionals, trade associations and individuals. Where appropriate and available, we also seek to utilize alternate dispute resolution procedures, including arbitration and negotiated settlements, to avoid protracted litigation.
Counseling. We would rather keep our clients out of trouble than get them out of trouble. Our Antitrust Group provides advice on potentially troublesome transactions and marketing practices, seeking to help structure the transaction to allow the client to achieve its business goals without running afoul of the antitrust laws. Our advice can range from reviews of specific transactions to corporate-wide antitrust audits and compliance programs. Our Antitrust Group also provides representation and counseling in the related fields of trade regulation, unfair competition and international trade and competition law.
Hart-Scott-Rodino. In addition to preparing the necessary HSR filing documents and communicating with the FTC and DoJ, we also analyze transactions to determine if they are exempt from the filing and waiting period requirements and advise on structuring transactions to avoid or minimize potential substantive antitrust issues. We are committed to sufficiently learning the deal and preparing the necessary notifications to avoid any unnecessary, costly and time-consuming second requests. In recent years, our firm has completed a number of pre-merger notifications, including work on several high-profile $1 billion-plus mergers. On international transactions, we work with foreign counsel on pre-merger requirements in the EU and elsewhere around the globe.