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Antitrust and Competition

As vigorous antitrust and competition law enforcement continues around the globe, effectively managing antitrust litigation and regulatory risk have become ever-more critical parts of business strategy and decision making. We can help.

Our Antitrust and Competition team represents clients in contentious and non-contentious matters before the U.S. Department of Justice and Federal Trade Commission, the European Commission, the French Competition Authority, and various national competition authorities and U.S. state courts. Our attorneys have decades of experience in litigation, merger control, and cartel matters in the private sector. In addition, we bring significant government experience to bear on our matters: our partners include the former Principal Deputy Assistant Attorney General in the Antitrust Division at the U.S. DOJ, former leadership in the Washington, D.C. criminal section in the Antitrust Division, and former FTC and DOJ attorneys.

We have extensive experience advising on the following key areas:

  • Litigation. Our practice is renowned for our ability to handle bet-the-company antitrust litigation and M&A litigation.

  • Merger Control. We are recognized for our ability to successfully navigate the merger approval process.

  • Cartels. Our deep bench of investigations and enforcement attorneys offers clients wide-ranging experience in Asia, Europe, the U.S., and South America.

  • Compliance. Our multidisciplinary team has encountered, and successfully navigated, a wide range of issues at the crossroads of antitrust, compliance, due diligence, and risk mitigation.


Client Successes

Antitrust Litigation

  • Represented digital dentistry leader Align Technology in three cases alleging monopolization of two separate markets, including putative class actions brought by prominent plaintiffs’ firms.

  • Secured dismissal of CACI in antitrust litigation over alleged agreements regarding market allocation of naval engineers.

  • Secured dismissal of Mustang Pipe Line LLC, a joint venture of Exxon and Enbridge, from antitrust litigation involving alleged monopolization.

  • Represented biotechnology company bluebird bio in defense of antitrust and RICO claims over development of FDA-approved drug.

  • Secured dismissal of CA Student Living, a real estate company, in the defense of multi-district antirust class-action lawsuits alleging that CA Student Living conspired to fix prices using algorithmic revenue optimization software.

  • Represented AOL Time Warner and Netscape in the private antitrust litigation arising out of the “browser wars” that were the subject of U.S. v. Microsoft Corp., which resulted in a settlement worth over $750 million.

Abuse of Dominance and Civil Investigations

  • Represented technology, finance, fintech, life sciences, and other companies before U.S. DOJ and FTC.

  • Represented a U.S. technology company in ongoing investigations for alleged abuse of dominance at EU and French level.

  • Advised a French company in connection with excessive pricing allegations.

  • Advised a technology company as third party in several abuse of dominance cases before the French Competition Authority and the European Commission.

Merger Control

  • Represented Illumina in the ongoing investigation by the European Commission in relation to the $7.1 billion acquisition of GRAIL.

  • Represented Valley Proteins, Inc. in sale to Darling Ingredients.

  • Represented numerous leading technology, financial services, and industrial companies in third-party merger litigation.

Cartels

  • Advised a global company in connection with cartel allegations before the European Commission.

  • Advised a French company in connection with cartel allegations before the French Competition Authority.

  • Advised a major Japanese industrial conglomerate on EU competition law cartel investigations and associated litigation.

  • Represented international manufacturing company in DOJ criminal investigation for price fixing.

  • Advised global manufacturers in relation to alleged anticompetitive and cartel conduct in relation to the sale of various auto parts.

  • Advised a major electronics corporation in relation to a complex European cartel investigation relating to electronic commodity products, securing immunity from fines.

State Aid Investigations

  • Represented a U.K.-based company in relation to an in-depth state aid investigation by the European Commission.

  • Advised a financial institution in relation to the impact of an EU Member State restructuring aid to one of its portfolio companies.

  • Advised a French company in relation to strategic plan to contest a state aid granted to a competitor.

  • Advised an international company in relation to an M&A ban imposed in exchange of State aid support received in the framework of restructuring.

Sector Inquiry

  • Advising technology players in connection with three sector inquiries conducted by the French Competition Authority into cloud, artificial intelligence, and video content creation sectors.

Foreign Subsidies Regulation

  • Advising foreign investors in relation to investments in European-headquartered companies under the 2023 Foreign Subsidies Regulation.


Our Government Experience, Your Advantage

Our practice includes some of the leading antitrust lawyers in the U.S. Our lawyers have held key positions in the U.S. Government, including at the U.S. Department of Justice’s Antitrust Division, the Federal Trade Commission, and state Attorney General's offices. One of our attorneys served as the Principal Deputy Assistant Attorney General in the Antitrust Division, where he supervised all merger, civil, and cartel investigations and over 350 lawyers and staff. Another attorney supervised the Washington, D.C., criminal cartel section, brought numerous criminal cartel cases to trial, and won several DOJ awards for his work. Others have served in important roles in the FTC and DOJ. While in government service, we have:

  • Argued the largest vertical merger appeal in recent decades.

  • Argued the most significant monopolization appeal in twenty years.

  • Brought landmark merger challenges, including one of the first Section 2 merger challenges; negotiated numerous settlements and divestitures; and supervised countless merger reviews.

  • Served as highest-ranking Antitrust Division official in technology investigations, which culminated in landmark Section 2 monopolization lawsuit.

  • Revised the Government's horizontal and vertical merger guidelines.

  • Litigated the first successful extradition of a foreign national for an antitrust charge in the Southern District of Florida.

  • Sued in the District of Delaware to block a $34 billion merger in the oilfield services industry.


Contact Us

Image: Michael F. Murray
Michael F. Murray

Practice Co-Chair

Image: Ryan Phair
Ryan Phair

Practice Co-Chair

Related Practice Areas

Entertainment and Media -- Litigation