Over the last century, antitrust law has exerted an ever-increasing influence on critical aspects of corporate and commercial strategy. Successful representation requires not only a keen understanding of antitrust laws, but a unique combination of business acumen and litigation experience. At Jackson Walker, we offer both litigation and advisory services regarding antitrust matters to businesses of all sizes across a variety of industries.
Our antitrust lawyers have played a lead role in major antitrust suits in Texas and nationally. We have represented both plaintiffs and defendants through negotiation, trial, and appeal in cases involving every Texas and federal antitrust statute before diverse tribunals including arbitration panels, the Federal Trade Commission, the Antitrust Division of the Department of Justice, and state and federal courts throughout the United States. We maintain sophisticated, cutting-edge e-Discovery capabilities and are always alert to strategies that can streamline the litigation process. We endeavor to achieve excellent results in the early stages of litigation, keeping costs low and enabling our clients to get back to their real jobs.
Counseling and Compliance
While we are proud of our record of success in antitrust litigation, we recognize that the best way to defend against an antitrust claim is to prevent the claim from arising. Accordingly, we work with our clients to develop effective programs to comply with antitrust laws. Our attorneys regularly review proposed transactions, customer and competitor relationships, and business strategies to help our clients compete vigorously in the marketplace while minimizing the risk of antitrust liability.
As a full-service firm, our antitrust attorneys call on the skills and experience of attorneys in our Corporate and Securities, White Collar Defense, and Intellectual Property practice areas as needed. Our attorneys have taken leadership roles in the antitrust bar. In fact, two of our partners are past chairs of the Antitrust and Business Litigation Section of the State Bar of Texas.
Our antitrust clients include companies and organizations from a wide array of businesses, industries, and professions, including banking and financial services, insurance, franchising, energy and utilities, chemical, healthcare, agriculture, restaurants, hotels, broadcasting, and bookselling, as well as trade associations and charitable organizations.
- Banking and finance
- Energy and utilities
- Advise on the preparation of responses to voluntary information requests and civil investigative demands
- Represent clients in matters under the Sherman, Clayton, and Robinson-Patman Acts, as well as the Texas Free Trade and Antitrust Act
- Defend claims relating to price-fixing, territorial allocation, tying, exclusive dealing, monopolization, and price discrimination
- Serve as expert witness in Texas antitrust law
- Negotiate resolutions regarding competitive concerns while preserving the transaction at issue
- Prepare Hart-Scott-Rodino pre-merger notification filings
- Review proposed transactions for antitrust issues
- Develop antitrust compliance programs to minimize potential antitrust liability arising from not only mergers and acquisitions, but joint ventures and various contractual arrangements that may raise issues
- Analyze and advise on structure of proposed mergers, acquisitions, and joint ventures
- Develop premerger integration plans
- Advise on acquisition and licensing of intellectual property
- Counsel clients on pricing of products and services
- Develop and review franchise and distribution agreements
- Evaluate trade association activity
- Prepare challenges to hostile tender offers