The practice of antitrust has evolved significantly since its inception in the 19th Century. In the 20th century, trusts were the desired corporate structure chosen to organize businesses. The breakup that was ordered in the Standard Oil and American Tobacco cases of 1911 reflected this newly established legislative effort. “Cartels, horizontal mergers of monopolistic proportions and predatory business tactics” were identified as problems to be solved, as the late Robert H. Bork pointed out in The Antitrust Paradox. Trust Busters were words of endearment. So in order to break up these trusts, the Sherman Act was enacted in 1890 and the concept of “antitrust” was born. Today, the antitrust laws while still concerned with consumer welfare have been widely viewed as the very foundation of our charter of economic rights. As the Sherman Act states, the Act is intended as a “comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade”.
Antitrust Today
Antitrust now informs most every decision of business. Sills Cummis & Gross counsels a diversified group of clients – from Fortune 100 companies to start-ups, both domestically and internationally-based. We are active in representing clients from the U.S., Canada, China, Japan, Israel and South Korea. Whether it is an acquisition or merger, a joint venture, a litigation involving a competitor or customer, a class action or government investigations involving price fixing, boycotts, division of customers or territories or an unfair or deceptive trade practice, our attorneys are zealous and effective advocates for our clients. It is for this reason that Sills Cummis & Gross works closely with our clients not only as lawyers but as business advisors in guiding them through the complexities of the antitrust laws. Our goal is to provide the necessary advice and creative solutions for our clients to meet their business goals and objectives, while minimizing the risk of antitrust exposure.
Several of our attorneys were former trial attorneys with the U.S. Department of Justice, who have experience both in prosecuting and defending cases for criminal and civil litigation matters. Many attorneys have been law professors at law schools in the New York and New Jersey area and have clerked for state and federal court judges. In addition, the Litigation Department of Sills Cummis & Gross has been recognized in 2017 and 2018 as the Litigation Firm of the year by Benchmark Litigation*.
Our expertise encompasses every practice area of antitrust and numerous industries.
Areas of Focus
- Litigation, both criminal and civil in state and federal courts
- Mergers and acquistions requiring regulatory approvals from the U.S. Department of Justice, Antitrust Division of the U.S. Federal Trade Commission
- Compliance and counseling
- Government investigations by federal and state governments
- Intellectual property
- Health Care and hospitals
- International (including cross border transactions and foreign competition authorities)
- Representation before congressional committees
Industry Representation
- Financial Services
- Telecommunications
- Healthcare, Hospitals, Pharmaceuticals and Medical Devices
- Consumer Goods and Electronics
- College and Amateur Sports
- Automotive Parts
- University Book Stores
- Natural Resources
