Practice Areas & Industries: Winston & Strawn LLP

Practice/Industry Group Overview

Winston & Strawn regularly counsels clients on the full range of antitrust issues that may arise under the federal Sherman, Clayton, and the Robinson-Patman Acts in day-to-day business operations. These antitrust issues include:

• price discrimination
• dual distributors
• promotional allowance and service programs
• suggested resale pricing
• retail price maintenance agreements
• dealer terminations
• exclusive contracts
• tying arrangements
• group boycotts
• monopolization issues
• interlocking directorates
• trade association activities
• compliance programs and other marketing and distribution plans

In cooperation with our corporate attorneys, Winston & Strawn antitrust lawyers assist clients in structuring proposed transactions that can achieve the client's desired goals while minimizing antitrust risk. We have conducted antitrust analyses and risk assessments on behalf of clients contemplating mergers, acquisitions, and the formation of joint ventures in various industries. Such assessments look not only to substantive antitrust law, but also at government enforcement policies and the likelihood of any private antitrust challenge.

Our antitrust attorneys are well-versed in premerger notification practice under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), from the simplest filing to the most complex exemptions. We are able to counsel clients based not only on HSR and implementing regulations, but also on the many “unwritten” government policies that permeate this area of practice. We also are experienced in responding to HSR “second requests” and other government civil or criminal investigations. Our goal is always to achieve the client's business objectives through creative antitrust solutions. Where a government challenge cannot be avoided, however, our antitrust lawyers — who also are accomplished litigators — are well-suited to defend the transaction in court or before an administrative tribunal.