The regulatory environment for antitrust and trade regulation matters is exceptionally complex. Corporate activity is governed by both civil and criminal statutes, and antitrust matters are overseen by several different authorities with overlapping but not identical jurisdictions. Businesses must comply with rules enforced by the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission’s bureaus of competition and consumer protection, state attorneys general, and foreign governments. Adding to the compliance challenge, identifying the fine line between competitive and anti-competitive behavior is often a matter of judgment and case-by-case analysis. Cozen O’Connor’s experienced antitrust attorneys help clients make wise business decisions in this complex and intensely scrutinized arena.
We advise public and private companies on all of their antitrust and trade regulation matters, from establishing a compliance program to executing a major merger. We counsel clients about how to maximize the benefit of a strong market position without veering toward monopolization; establish competitive but non-predatory pricing; respond to market developments while maintaining independence; structure a merger, acquisition, or joint venture to efficiently pass antitrust review; and achieve compliance with antitrust and trade regulation requirements.
Consulted early when antitrust issues or conflicts arise, Cozen O’Connor is often able to quickly identify comprehensive solutions that protect our clients and avert broader controversy. In the event that litigation becomes unavoidable, our seasoned team of trial attorneys is prepared to handle the most complex antitrust disputes.
Antitrust counsel at Cozen O’Connor know that every decision about a company’s competitive posture will have a direct impact on the bottom line. We take very seriously our role in seeking to protect clients’ fundamental financial health and identifying antitrust solutions that do not hinder growth. We do this by working with clients to establish quality compliance regimes, and we also assist clients with their strategic growth planning. For example, we evaluate whether regulators are likely to demand divestitures or sell-offs prior to approving a proposed merger, that may negatively affect the ultimate profitability of a deal. Clients contemplating significant business decisions seek our legal advice with respect to antitrust and trade regulation issues.
There is no such thing as a generic antitrust matter. Each question must be specifically analyzed and considered in its proper context. And, unlike in other legal disciplines, antitrust practitioners must understand economics as well as the law. Lawyers in Cozen O’Connor’s antitrust group have advanced training in micro- and macroeconomics, econometrics, accounting, and economic policy. They use this legal training to achieve a deep understanding of every client’s business model and to devise tailored solutions that serve clients’ specific business imperatives.
SERVICES
Antitrust & Trade Regulation
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Assess antitrust implications of actual or contemplated mergers, acquisitions, joint ventures, and licensing arrangements, and advise clients regarding Hart-Scott-Rodino Act obligations
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Seek regulatory clearance for mergers, acquisitions, and other proposed actions
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Counsel clients on avoiding improper information sharing or “gun jumping” violations
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Provide guidance on competitive pricing and non-monopolizing market positioning
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Create corporate antitrust compliance programs
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Provide assistance to trade associations, which are uniquely susceptible to antitrust claims
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Advise clients in complying with federal and state consumer protection and privacy laws
CLIENTS
The firm advises corporations, trade organizations, and individuals on their most significant antitrust matters. Our attorneys work with clients in a diverse set of industries:
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Energy transmission and electric generation companies
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Heavy and light manufacturers
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Private equity firms and hedge funds
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Sports and entertainment ventures
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High-tech and biotechnology companies
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Pharmaceutical companies
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Hospitals and health care providers
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Health insurance companies
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Defense contractors
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Retailers
TEAM
Cozen O’Connor has a team of dedicated antitrust attorneys, some of whom have been practicing in the field for more than 30 years. The group includes a former trial attorney in the Antitrust Division of the U.S. Department of Justice’s Honors Program, as well as a former assistant U.S. attorney in the criminal division of the Eastern District of Pennsylvania. The practice group is ranked by Chambers and Partners, an independent legal publication, and Cozen O’Connor has become a destination firm for high-profile laterals from other top antitrust departments.
Cozen O’Connor has built a national antitrust practice with a demonstrated capacity to handle major competition and trade regulation matters all over the country. With 23 offices spread across the United States, as well as Toronto and London, Cozen O’Connor is well-poised to diligently handle clients’ antitrust needs.