O’Melveny offers unmatched breadth and quality of expertise in counseling clients on the nuances of both federal and state US antitrust laws.

We advise on the following areas:

Merger Filings Under the Hart-Scott-Rodino Antitrust Improvements Act
O’Melveny helps clients successfully navigate the pre-merger notification process, allowing them to realize the benefits of their transaction as quickly as possible. We draw on our technical knowledge, deep understanding of agency process and personnel, and ability to persuade antitrust regulators to terminate reviews. We start by helping clients to determine whether they need to file at all, working with them to analyze a potential transaction and any contractual provisions in merger agreements that affect how antitrust risk should be allocated.

Joint Ventures and Strategic Minority Investments
O’Melveny routinely advises clients on the potential risks of strategic investments in light of Clayton Act Section 8 complexities that involve overlapping boards on competing companies. We counsel clients on Sherman Act Section 1 issues related to influencing a competitor’s key operational decisions and sharing of competitively sensitive information. O’Melveny also assists clients with identifying Section 7 issues related to the HSR risk of disclosing minority investments.

Other Counseling Matters
We also work with clients to draft pricing and advertising policies, including resale price maintenance programs that comply with evolving federal and state laws. In addition, we help clients establish guidelines for entering into joint purchasing arrangements with competitors, and have drafted and implemented many antitrust compliance programs.