Antitrust Counseling & Compliance
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.
Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.
Alerts and Publications
February 13, 2023Antitrust Enforcement: A Vigorous Expansion of Competition Law
In the News
March 29, 20232023 ABA Antitrust Spring Meeting
February 22, 2021O’Melveny Welcomes Back Julia Schiller from the Department of Justice
Alerts and Publications
“Their dedication to having subject matter expertise has been incredible.”
- Chambers USA