Antitrust

Today’s global businesses face a challenging framework of antitrust and competition laws in jurisdictions around the world. Troutman Sanders’ antitrust partners guide clients through the complex and highly regulated challenges of business competition issues in the United States as well as abroad. We represent clients from Fortune 100 companies to new entrants in a broad range of industries — software and high-tech to energy, publishing, media and entertainment, transportation, telecommunications, sports and healthcare.

Our multifaceted practice features creative, experienced and client-focused lawyers, with core services including:

Our successes include landmark court decisions, obtaining clearance for mergers and acquisitions, and resolving civil and criminal government investigations at state and federal levels. We regularly advocate for clients before U.S. antitrust enforcement agencies such as the Department of Justice (DOJ) and the Federal Trade Commission (FTC). The diversity and quality of our practice has resulted in national rankings for several years in antitrust litigation and antitrust law by U.S. News – Best Law Firms.

Our antitrust litigation group has been involved in landmark cases such as Berkey v. Kodak and, more recently, large scale litigations involving the publishing industry, the New York construction industry, the battery business and the largest patent assertion entity. Troutman Sanders has developed a particular expertise in litigating antitrust claims concerning innovative technologies and our antitrust and Intellectual Property teams have successfully collaborated to provide technical expertise and fierce advocacy in Court. Moreover, in the energy space, we have successfully represented public utilities and energy marketers in antitrust cases in both regulated and deregulated markets, including leading cases concerning independent power, qualifying facilities and state action immunity.

We are equally adept at counseling clients outside of the courtroom. A notable strength of our competition practice is our tight integration with the Troutman Sanders corporate transactional team. We help our corporate clients structure acquisitions and mergers to minimize antitrust exposure and properly allocate risks by looking ahead to identify, prevent and resolve potential deal-breaking issues. We provide compliance training to reduce criminal antitrust risks and to assure the enforceability of patents and other corporate intellectual property assets, especially in connection with industry standards setting. We also coordinate international competition strategy for the firm’s multinational corporate clients, including merger control regulation.

In addition, we help clients assess the regulatory risks of their contemplated business strategies. Our lawyers offer constructive advice on ongoing competition concerns such as entry into new markets, distribution systems, marketing and sales practices, and involvement with trade associations. Through effective counseling and compliance, we seek to minimize the burdens of litigation and allow our clients to focus on what they do best: leading their businesses and serving customers.

We have established particular expertise in advising and litigating competition issues in emerging technologies, IP disputes, sports, entertainment and healthcare.

Our antitrust lawyers regularly provide clients with positive results, whether for litigation, government enforcement, compliance counseling or more risk-attendant areas such as unfair competition. Our lawyers have been named as leading antitrust experts by the business press, and have authored countless chapters, articles, op-eds and blogs on contentious competition issues. We have worked on many of the seminal cases that fashioned — and still shape — the development of U.S. antitrust law.

Representative Experience

Litigation

  • Defending Siemens Electromechanical Components, Inc. in an antitrust action brought by Spectronics, Inc., a former distributor, involving claims of monopolization under Section 2 of the Sherman Act and other business torts.
  • Representing large magazine publisher, Bauer Publishing, in defending a group boycott claim asserted by a wholesaler in New York federal court.
  • Representing E. I. du Pont de Nemours and Company in an action arising out of the termination of a license agreement with a carpet manufacturer involving claims for violation of the Robinson-Patman Act and Section 1 of the Sherman Act.
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Transactional

  • Counseled a Georgia broadband-equipment manufacturer on a $2.5 billion corporate acquisition that successfully cleared full HSR review by the U.S. Justice Department within 90 days.
  • Secured early HSR waiting period termination from DOJ and FTC, without a “second request,” in M&A deals involving cable television set-top boxes, automobile fleet transportation, hospital-physician practice acquisitions and other markets.
  • Counseling scores of firm clients on antitrust exposure and “gun jumping” in connection with non-reportable HSR transactions.
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Rankings & Recognition

  • U.S. News & World ReportBest Law Firms: Antitrust Law – National (2013-2015)
  • U.S. News & World Report – Best Law Firms: Antitrust Law – New York City (2013-2015)
  • U.S. News & World Report – Best Law Firms: Antitrust Law – Metropolitan Atlanta (2013-2015)
  • U.S. News & World ReportBest Law Firms: Litigation - Antitrust – National (2013-2014)
  • U.S. News & World Report – Best Law Firms: Litigation - Antitrust – Metropolitan Atlanta (2013-2015)
  • U .S. News & World Report – Best Law Firms: Litigation - Antitrust – New York City (2014-2015)
  • U .S. News & World Report – Best Law Firms: Litigation - Antitrust – Metropolitan Richmond (2013-2015)
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