Antitrust & Unfair Competition

Antitrust compliance is rising on the priority list of businesses marketing goods and services domestically and globally. As government agencies pursue record fines for cartel participation and increase their scrutiny of M&A transactions, executives need to understand the legal requirements of antitrust and competition laws in both U.S. and foreign markets. The same degree of antitrust awareness must also be applied to strategic alliances with competitors, pricing policies, channel management, distribution strategies and trade association activities.

Key Contacts

Edward C. Duckers Partner San Francisco, CA
Randolph C. Foster Partner Portland, OR
E. Walter Van Valkenburg Partner Portland, OR
See all contacts
Overview

We have extensive experience helping businesses understand and comply with antitrust and unfair competition laws.  We emphasize proactive compliance strategies but also have deep experience defending investigations and litigation.  Our antitrust team represents clients across a wide swath of industries in both state and federal enforcement proceedings, as well as in private party litigation.

Our Services

  • Antitrust compliance and training programs
  • Advice and assistance in Hart-Scott-Rodino filings and reviews
  • Representation in FTC, DOJ and State AG  investigations and administrative proceedings
  • Defense of companies and individual executives in criminal investigations
  • Civil antitrust litigation, including class action defense
  • Mediation and arbitration proceedings, both domestic and international

Knowing your goal is to prevent antitrust entanglement, we regularly conduct compliance programs, both in-person and online.  If an enforcement action occurs, we activate a vigorous defense team that includes former government attorneys and trial attorneys with years of courtroom experience.

Our Clients
Because every industry has different competitive characteristics, your antitrust counsel needs to understand the sphere in which you compete.  Our industry experience spans technology, health care, manufacturing, agriculture, pharmaceuticals, regulated utilities, energy,  insurance, retail, timber and natural resources, and many others.

Matters
  • Successful representation of an electronics company in a distributor action alleging that cooperative advertising policy and retail buying group program constituted illegal resale price maintenance
  • Successful representation in a complex international arbitration proceeding involving antitrust challenges to IP licensing terms and termination of license
  • Successful defense at trial and through two appeals in a state antitrust challenge to formation of a health care provider network
  • Successful representation of a semiconductor manufacturer in a resale price maintenance case at trial and on Ninth Circuit appeal
  • Successful representation on both preliminary injunction and summary judgment of a manufacturer in a federal antitrust claim by a terminated distributor that the termination arose out of the distributor's competitive activities
  • Representation of numerous clients in responding to second requests and investigation under the Hart-Scott-Rodino Act
  • Ongoing advice to a multi-state retailer on Robinson-Patman Act compliance
  • Multi-year representation of trade and professional associations on antitrust compliance
  • Successful representation of health plan against claims that it conspired with another plan in violation of the antitrust laws to set prices, to terminate broker and to prevent new entrant into health insurance market
  • Successful representation of test and measurement company from price discrimination claims under buyer liability provisions of the Robinson-Patman Act
Team
Insights & Presentations
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