Insuring compliance with the antitrust laws in the United States can be a time-consuming and complex endeavor. Two different federal agencies -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- enforce multiple antitrust laws and sometimes disagree on enforcement policies and priorities. The mandates of these agencies frequently intersect with the missions of other federal agencies, including the Patent and Trademark Office, the Food and Drug Administration, and the Federal Communications Commission. Further complexity is introduced by the State Attorneys General, which enforce divergent state antitrust laws and emphasize varying enforcement priorities. Criminal sanctions for price-fixing, civil litigants seeking treble damages, and class actions further raise the stakes that companies face in the United States.
O'Melveny's US Antitrust and Competition Practice is well-positioned to guide companies through this daunting maze. O’Melveny offers unmatched breadth and quality of expertise in litigating antitrust cases in federal and state courts, representing companies before federal and state antitrust agencies, and counseling clients on the nuances of both federal and state antitrust laws. Our lawyers have extensive experience representing both companies and individuals facing criminal antitrust charges, litigating complex civil class actions, and obtaining regulatory approval of high-profile mergers. We provide ongoing counsel to clients facing complex and evolving business issues, including the design of antitrust-compliant licensing and distribution agreements and the development of legal strategies in precedent-setting price-fixing and monopolization cases.
Our lawyers augment their capabilities by partnering closely with renowned economists and consultants. Our advocacy and antitrust victories have set legal precedents, changed industry landscapes, and shaped antitrust policy worldwide. Indeed, our efforts have been recognized by organizations like
Global Competition Review,
Chambers USA,
Legal 500, and the
International Who’s Who of Business Lawyers. Further, many of our lawyers have distinguished themselves through their innovative efforts and leadership before the bench, at the negotiating table, and within the Bar. Within our ranks are veteran Executive Branch and Capitol Hill policy makers, some of the most respected litigators and regulatory antitrust attorneys, and experts in antitrust and competition policy in the United States.
O’Melveny’s antitrust team has successfully represented companies in many sectors of the economy, including aviation, banking, chemicals, defense, entertainment, health care, high technology, manufacturing, oil and gas, retailing, and telecommunications.
Key Facts
- Global Competition Review recognized O’Melveny as an elite antitrust firm in the article, "Capital Gains: DC’s Leading Firms for Government Antitrust" (December 2008).
- Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys (2010) ranks our national antitrust practice as one of the leading practices in the US.
- Legal 500 consistently recommends our Antitrust/Competition Practice for competition matters. Legal 500 US (2009) says that we have “a very strong reputation in the market, across the full suite of antitrust activity, from complex litigation spanning multiple jurisdictions to coordinating global pre-merger reviews and obtaining regulatory approval of high-profile mergers.”
- Chambers USA (2009) says, “O’Melveny houses an antitrust practice with a premier reputation that extends to both regulatory and litigation”, and ranks us among the top 10 antitrust practices in the nation. In addition, Chambers reports sources as saying that our antitrust group “brings the right expertise to bear and is always cost-conscious on behalf of its clients.”
- Chambers Global (2009) recommends our global Antitrust and Competition practice, stating that O’Melveny “is the global quarterback – it is prominent around the world, from Beijing to Brussels.” Our work with international cartels is also highlighted.
- Global Competition Review’s “Who’s Who Legal 70” (2008) considers us one of the world’s 70 leading law firms and notes that our competition practice is “among the largest and most respected anywhere.”
- Our practice co-chairs are former high-ranking officials in the US FTC: Tim Muris served as FTC Chairman from 2001 to 2004, and Rich Parker was Director of the FTC's Bureau of Competition from 1999 to 2001.
Practice Strengths
Cartels and criminal investigations
-
• Global experience in amnesty/leniency programs in the US, EU, and Japan
• Price fixing and bid rigging
• Customer and market sharing
-
Civil litigation and advocacy
-
• Direct and indirect purchaser class actions
• Litigation between corporations alleging monopolization and other antitrust violations
• Litigation at the crossroads of antitrust laws and intellectual property rights
• Representing clients before the European Commission, the JFTC, FTC, DOJ and MOFCOM
-
Counseling and complianc
-
• Comprehensive compliance audits and compliance programs
• Exclusive dealing
• Mergers and joint ventures
• Monopolization and abuse of market power
• Patent and know-how licensing
• Purchasing agreements and monopsony power
• Refusals to deal
• Standard-setting organizations and trade association activities
• Vertical price and non-price restraints
-
Mergers