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Practice Areas & Industries: Fulbright & Jaworski L.L.P.

 



Fulbright & Jaworski L.L.P.

Antitrust, Marketing, and Trade Regulation Return to Practice Areas & Industries

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Practice/Industry Group Overview
Competition problems vary from industry to industry. That is why at Fulbright & Jaworski, we leverage our attorneys' experience in dozens of industries to assemble a team that meets your needs. Our antitrust, marketing and trade regulation group has been involved in civil and criminal antitrust matters throughout the United States. Our highly experienced attorneys represent clients before the Federal Trade Commission, Department of Justice and state attorneys general. These matters include mergers and acquisitions, as well as cartel allegations, marketing issues and consumer protection problems. Our resources are especially strong in energy, health care and pharmaceuticals, technology, e-commerce and intellectual property.

Fulbright's legal team has advised clients in the following industries:

- Agriculture cooperatives - Insurance
- Aircraft manufacturing and distribution - Internet marketing
- Biotechnology - Medical devices
- Cement and concrete - Natural gas processing and distribution
- Chemicals and fertilizers - Ocean shipping
- Computer hardware and software - Oil and gas exploration
- Construction - Oilfield equipment, construction and supply
- Consumer products - Paper and packaging
- Education - Pharmaceuticals
- Electric utilities - Professional services
- Energy - Publishing
- Explosives - Telecommunications
- Financial services - Textiles and apparel
- Food processing and service - Trade associations
- Forest products - Transportation
- Funeral services - Waste disposal
- Health care

When You Think ANTITRUST, Think Fulbright.


 

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:

- Monopolization - Dealer Terminations
- Price Fixing - Gasoline Marketing
- Price Discrimination - 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.


 
Group Presentations
  "Artificial Intelligence: (n) The Knowledge Your Competitors Gain From the Trade Secrets Disclosed By Your Former Employees", Texas Association of Defense Counsel, April 1, 2002
"American Antitrust and Trade Regulation Laws" Delegation of Government Trade Representatives, Ningbo, People's Republic of China, Houston, TX, October 1, 2000
 
Past Seminar Materials
  The Long Arm of U.S. Jurisdiction - Current Issues for Non-U.S. Companies , London, England, April 28, 2003
International Dispute Resolution Seminar: Critical Choices in Today's Marketplace , Austin, TX , April 16, 2003