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Antitrust and competition

Expertise
Your business needs attorneys with the breadth of knowledge and depth of experience to steer you successfully through complicated antitrust and competition matters. Whether you are actively facing an antitrust issue or want to formulate and implement a proactive compliance program, the professionals in our practice can advise you on finding a solution. We utilize our knowledge and implement the best practices we’ve learned from helping a wide variety of clients with antitrust and competition issues – from U.S. companies doing business internationally to foreign companies doing business in the U.S., from healthcare practices to manufacturing companies. 

Our antitrust and competition attorneys can assist with:
  • Advising on consistency with antitrust laws
  • Auditing policies and procedures for compliance with antitrust laws
  • Consumer protection
    • Representation before the Federal Trade Commission, state attorneys general and private sector self-regulator bodies
    • Counseling concerning compliance with the FTC Act and  various state consumer protection and deceptive practices acts
  • Counseling on the propriety of exclusive dealing arrangements
  • Counseling large corporations on compliance with Clayton Act’s restrictions on interlocking directors among competitors
  • Formulating and implementing effective compliance programs
  • Helping trade associations comply with applicable antitrust laws
  • Identifying and applying foreign laws and regulations affecting trade, such as:
    • Competition laws
    • Custom regulations
    • Chinese antitrust laws
  • Identifying and applying U.S. laws and regulations affecting international trade, including:
    • Anti-boycott laws
    • Anti-dumping/countervailing duty laws
    • Economic sanctions
    • Export controls
    • Export licensing
    • Foreign Corrupt Practices Act
    • NAFTA regulations
    • U.S. customs matters and compliance 
  • Intellectual property issues 
  • Mergers and acquisitions 
    • Analyzing market power 
    • Counseling clients involved in enforcement activity
    • Counseling clients involved in government civil investigations
    • Economic analysis
    • Filing of Hart-Scott-Rodino notifications
    • Preparing joint defense agreement and white papers
    • Responding to second information requests
    • Selecting experts
  • Recommending solutions to compliance issues, where appropriate
  • Training for executives and sales personnel regarding compliance (federal and state law)
  • Pricing and channel strategies and compliance

We represent clients in a wide variety of industries on antitrust and competition issues, including:
  • Healthcare 
    • Advising:
      • Physician groups on structuring their organizations to effectively negotiate with major payors
      • Medical supply companies on joint purchase arrangements, including designing them in a manner that achieves the client’s objective of reducing purchasing costs while still complying with the Health Care Guidelines.
    • Defending against price fixing and monopolization claims, and medical staff privilege cases raising issues under the Health Care Quality Improvement Act
    • Identifying, analyzing and addressing potential opposition as part of the way transactions are structured and negotiated
    • Laying the groundwork for transactions with important competitive consequences, including:
      • Hospital mergers and joint ventures
      • Medical facility transfers and restructuring
      • Physician joint ventures
    • Practical application of the Department of Justice and Federal Trade Commission’s Antitrust Enforcement Policies in Health Care 
    • Representing pathology labs and hospitals in:
      • Business combination transactions
      • Negotiation of “most favored nations” clauses and resolution of disputes with payors regarding the application of such clauses
  • Telecommunications
  • Energy
  • Technology
  • Chemicals
  • Synthetic materials
  • Heavy equipment
  • Small appliances
  • Automotive parts 
  • Manufacturing and distribution   
    • Advising on:
      • Pricing and related terms offered to distributors and retail consumers
      • Appropriate allocations of customers and markets
      • Permissible collaborations with competitors
      • Compliance with the Robinson-Patman Act
    • Representation in connection with minimum advertise pricing and minimum resale pricing programs


Attorneys

Attorneys

Anthony D. Konkoly profile image

Anthony D. Konkoly

Jennifer Dowdell Armstrong profile image

Jennifer Dowdell Armstrong

Representative Matters

Representative matters specific to antitrust issues in healthcare 

  • Advising medical supply companies on joint purchasing arrangements and designing them to achieve the client’s objective of reducing purchasing costs while still complying with the Health Care Guidelines
  • Advising physician groups on the spectrum of antitrust challenges, including how to structure their organizations so that they can effectively negotiate with major payors without running afoul of the antitrust laws
  • Defending clients against price fixing and/or monopolization claims and medical staff privilege cases raising issues under the Health Care Quality Improvement Act
  • Helping hospital mergers and joint ventures, medical facility transfers and restructurings, and physician joint ventures proceed with the compliance of relevant constituents, such as payors, competitors and regulator authorities
  • Identifying, analyzing and addressing opposition as part of the structure of the transition, before it becomes entrenched
  • Laying the groundwork for compliance early on for transactions with important competitive consequences
  • Practical application of the Department of Justice and Federal Trade Commission’s Antitrust Enforcement Policies in Health Care
  • Representing pathology labs in business combination transactions
  • Representing hospitals in the negotiation of “most favored nations” clauses and in the resolution of disputes with payors regarding the application of such clauses
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