Antiturst & Competition

Growth is the goal of business leaders worldwide. However, the more a company grows and expands, the more interest regulators will take in monitoring their activities

With the spotlight fixed on your business, compliance with ever-changing antitrust and competition law is crucial to your continued success. Whether you are the founder of a start-up, the owner of a small-medium enterprise, or the CEO of a Fortune 500 company, assessing your business activities from the perspective of an anti-trust regulator is critical in identifying red flags early on.

Markets require competition to thrive and rules to enable entrepreneurs to succeed. As your business grows to become a dominant player in the market – even a small-medium enterprise operating at the local level – you must ensure that your business does not abuse its position (such as by stifling competition, creating a monopoly or coordinating with competitors to fix prices).

Furthermore, your company may wish to grow by acquiring other companies or you may wish to be acquired by or merge with another organization. In such instances, you must be sure that deals of this nature won’t stifle competitors in the same space.

Unfortunately, in the world of anti-trust and competition law, there is no fixed rule or checklist against which you can measure your activities to ensure compliance.So, how are business leaders supposed to navigate this extremely complex area, when they’ve got so much else on their plate?

That’s where we come in. Our antitrust and competition attorneys are experienced practitioners, many with backgrounds at the very agencies who regulate such activities. Our dedicated team can help you navigate the minefield of antitrust law and enable your business to grow in a compliant manner.

Knowledge

Major market players have a regulatory obligation to use their power and influence for good. If such a business is found to be abusing their position in a way that reduces or restricts competition, the penalty can be severe. We work with dominant forces across a wide range of industries to determine if these rules apply to them and how they can ensure full compliance with minimal disruption to your commercial ambitions.

Cartel is the term given to informal associations or mutually beneficial off-the-books arrangements between two or more companies. Perhaps the most serious breach of US Antitrust Law, the penalties for cartel behavior are severe. However, in our experience advising commercial entities on the nature of these regulations and what qualifies as cartel behavior isn’t always clear. We help our clients understand the definition and implications of cartel behavior, enabling them to enter into new relationships and arrangements that can promote growth while maintaining full compliance.

With the spotlight fixed on making markets work for consumers, governments and antitrust authorities are increasingly using their powers to punish anti-competitive conduct and challenge relationships that they see as detrimental to competition. In this complex arena of antitrust law, businesses benefit considerably from the support of a legal team that can advise on the precise terms within IP licensing, distribution and supply agreements and joint ventures. Our heavyweight antirust lawyers proudly provide pragmatic no-nonsense advice to ensure our clients achieve their commercial objectives.

We work with a broad mix of commercial clients to ensure competitors and suppliers do not breach established agreements and, if necessary, lodge complaints with regulators on their behalf. Our antitrust lawyers have a proven track record of resolving disputes and influencing market investigations and complaints in this area; we regularly advise businesses on the best course of action when a competitor or supplier is behaving in a way that is unlawful to gain commercial advantages.

The purpose of antitrust law and the authorities who oversee governance in this arena is to promote healthy market competition and prevent organizations from acting in a way that would be detrimental to the consumer. With stringent regulations in place and strict penalties to support them, businesses benefit from the hands-on support of our dedicated legal team to develop robust compliance frameworks and identify areas of risk.

From drafting written responses to requests for information and flagging potential areas for risk ahead of an investigation to using investigations as a means of raising issues in markets that are damaging to their position, we have vast experience in supporting commercial clients to defend their position and prepare for sensitive antitrust investigations.

With decades of experience and a team of highly qualified commercial lawyers, you can rely on us for sophisticated yet straightforward advice on changing controls under a merger or acquisition. Our experience includes domestic US and multinational merger controls, allowing us to advise on requirements, make filings and instruct lawyers in other jurisdictions where necessary. When clients engage us early on in their merger strategy, we act fast to engage antitrust authorities and identify any potential areas for risk to ensure the outcome of the transaction is a commercially successful result.

Standardization or standard setting agreements outline key technical and quality requirements and are commonly used for mergers in the telecommunications, digital, IT and technology sectors. We understand the essential nature of standardization and the complex antitrust challenges that can arise in the standards development process. Our team advises clients on the full range of legal issues relating to standardization agreements to ensure compliant structures for both sides.

Offering strategic advice and legal support from a team of experienced antitrust lawyers, we are equipped with the skill-set to advise clients in relation to antitrust and regulatory issues affecting telecommunications, media and technology companies. Our knowledge lends itself well to partnering long-term with firms in these sectors to advise on e-commerce, digital rights, online distribution geo-blocking, interconnection agreements, standardization and much more.

Trusted and relied upon by a growing collection of commercial entities, our attorneys bring a full understanding of the sector specific antitrust laws that apply to travel and air transport. In turn, our clients can thrive and feel free to pursue their commercial objectives while our leading team of laywers assist them in issues including licensing and bonding, code sharing agreements, GDS contracts and positioning, air ticket pricing, slot allocation, package travel regulations, passenger compensation, air space change and air navigation law.

For further information or to discuss a matter please telephone +1 202 263 3651 or click here to email us.

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