O’Melveny’s Antitrust & Competition practice offers an industry-leading breadth and depth of experience in counseling clients on antitrust matters worldwide. Our team benefits from regulatory and policy insight with public enforcers like the US Department of Justice, the US Federal Trade Commission, US Attorney’s Offices, the European Commission, China’s State Administration for Market Regulation, the Hong Kong Competition Commission, and other agencies, many of whose staff are former colleagues of ours.
We counsel clients on the nuances of US antitrust laws (including the Sherman Act, Clayton Act, FTC Act, and Hart-Scott-Rodino Antitrust Improvements Act), on EU law under Articles 101 and 102 of the TFEU, China’s Anti-Monopoly Law, and a range of other competition, foreign direct investment screening, and unfair competition laws. That major companies repeatedly call on us to defend them in complex, multi-jurisdictional antitrust matters in highly scrutinized industries—including computer electronics, semiconductors and related products, photonics, telecommunications, airlines and other transport, automotive components, pharmaceuticals, medical devices, financial services, and consumer products—is testament to our hard-earned reputation for producing exceptional results in challenging circumstances.
O’Melveny’s Antitrust & Competition counseling and compliance practice excels in many areas.
- Multi-Jurisdictional Antitrust Merger Reviews. We help clients successfully manage and navigate antitrust merger and foreign direct investment, national security, and foreign subsidies screening processes. We collaborate with our clients to analyze a potential transaction, craft appropriate risk-shifting contractual provisions in merger agreements, and identify and execute on any necessary filings. Post-filing, we draw on our technical knowledge, deep understanding of the regulatory process and personnel, and our broad experience to persuade regulators to clear transactions on the swiftest available track.
- Joint Ventures and Strategic Minority Investments. We routinely advise clients on the potential risks of strategic investments in light of Clayton Act Section 8 complexities involving interlocking directorates, EU, China and other competition laws. We counsel clients on restrictive agreement issues and the sharing of sensitive information under Sherman Act Section 1, Article 101 TFEU, and equivalent laws in other key jurisdictions. We also help clients identify Clayton Act Section 7 issues related to the Hart-Scott-Rodino risk of disclosing minority investments.
- Conduct Investigations, Litigation, and Complaints. Comprised of former prosecutors, senior enforcers, and other leaders of the antitrust bar, our team provides advocacy in high-stakes investigations, litigation, and complaints—guiding clients from agency query to resolution or motivating regulatory intervention in matters that may adversely affect our clients’ business interests and strategic objectives. Our lawyers have earned credibility with regulatory agencies in navigating civil investigative demands and other information requests surrounding business practices and activities that may impact antitrust and competition laws and policies globally.
- Labor Markets. Our lawyers advise companies across multiple industries on DOJ criminal and civil investigations as well as investigations of global regulators into no-poach, non-compete agreements, wage-fixing and other employment-related practices that might implicate antitrust issues. Our team advises on FTC and other competition authorities’ investigations into labor markets, including enforcement under Section 5 of the FTC Act, US state attorney general inquiries under state antitrust laws, European and Asian competition, and global unfair competition statutes.
- Collaboration Agreements. We help clients craft distribution, licensing, R&D and other cooperation agreements. We also routinely advise on pricing and advertising policies and resale price programs that take into account evolving US federal and state laws, EU, China, and other antitrust and competition laws.
- Compliance Monitoring, Audits, and Programs. Clients rely on us to help them navigate enforcement regimes with robust compliance counseling, antitrust audits, and antitrust compliance programs. We develop and implement advanced, practical compliance programs for companies operating worldwide. We apply fundamental antitrust frameworks while tailoring those programs to a client’s business model, mindful of the nuances of a particular industry, and work closely with in-house legal teams with an eye toward minimizing risk. We leverage our expertise in cartel and other government investigations to conduct internal antitrust and competition compliance audits for clients, so as to improve their corporate compliance programs.
Represented AMD in its Article 102 complaint against Intel, which resulted in the European Commission fining Intel €1.06 billion (US$1.44 billion) for anti-competitive practices—at the time the largest fine ever imposed by an antitrust regulator.
Advised an Asian car manufacturer on how to navigate complex obligations under US and EU laws concerning FRAND licensing rules related to its negotiations with a holder of standard essential patents.
Advising a leading Asian mobile handset manufacturer on its sourcing, licensing, and rebate arrangements with one of its component manufacturers to ensure compliance with EU law.
Advised on issues related to industry collaborations, pricing and distribution agreements, antitrust compliance policies, third-party merger investigations, and strategic acquisitions.
Performed an antitrust audit for a Fortune 500 petrochemical company.
Advising this market leader on competition compliance and Noerr-Pennington questions, as well as assisted the company put in place a tailored corporate compliance program.
Designed and implemented exclusive purchasing and quantity restrictions.
Advised on strategic competition compliance in connection with a cooperative JV with a China-based partner.
Advising a Japanese multinational automobile manufacturer on general competition compliance and information exchange agreements under China’s Antimonopoly Law.
Provided strategic competition compliance advice in relation to distribution arrangements for a Chinese corporation growing its life science operations in the US.
“O’Melveny’s antitrust team is superb and second to none.”
—Client Testimonial, The Legal 500 US, Cartel, Nationwide
“Sophisticated practice that combines cartel defence, criminal and civil litigation expertise with a highly capable transactional antitrust offering. Able to tap into global resources to advise on cross-jurisdictional competition matters for important clients.”
—Chambers USA, Antitrust: Cartel, Nationwide
“Impresses with its handling of merger clearances, civil and criminal litigation and government investigations. Advises on a range of claims relating to antitrust law, including unfair competition, monopolization and price fixing.”
—Chambers USA, Antitrust, California
Featured annually in Global Competition Review’s “GCR 100” highlighting the world’s top 100 antitrust and competition firms
Merger Control Matter of the Year: Asia-Pacific, Middle East, and Africa Region—Asiana Airlines/Korean Air Merger
—Global Competition Review (2023)
Behavioral Matter of the Year—Acquittals in Broiler Chicken Trials
—Global Competition Review (2023)
Competition/Antitrust Practice Group of the Year