Antitrust

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.

Litigation

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.

2024 Best Law Firms announcement

November 2, 2023
Spotlight

Jackson Walker Earns 25 National and 134 Metro Rankings in 2024 Edition of “Best Law Firms”

Jackson Walker proudly announces the firm’s inclusion in the 2024 edition of Best Law Firms® by Best Lawyers. This year, Jackson Walker observed notable improvements in the national rankings, including the rise of Appellate Practice to Tier 1, Banking and Finance Law and Litigation – Labor and Employment to Tier 2, and the addition of Energy Law and Environmental Law in Tier 3.

Skyline of the city of Houston

September 7, 2023
Attorney News

Recognized Litigators Hugh Tanner and Jim Nye Join Jackson Walker

Jackson Walker is pleased to announce the arrival of litigation partners Hugh E. Tanner and James H. Nye to our Houston office. Hugh and Jim are highly regarded trial attorneys focused on complex commercial litigation, primarily within the oil and gas sector.

November 3, 2022
Spotlight

Jackson Walker Earns 24 National and 121 Regional “Best Law Firms” Rankings in 2023 Edition

Jackson Walker proudly announces the Firm’s inclusion in the 2023 edition of the U.S. News & World Report and Best Lawyers “Best Law Firms” list. This year, our firm improved in the national rankings, with the rise of Appellate Practice and Corporate Law to Tier 2.

October 7, 2022
Attorney News

Jackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America

Jackson Walker announces the selection of 36 attorneys to Lawdragon’s inaugural list of the 500 leading litigators in America.

Department of Justice with Jackson Walker logo

September 22, 2022
Insights

DOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement Conference in Dallas

By Jennifer Freel, Erica Giese, and Bethany R. Pickett

On September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General Kenneth Polite and Deputy Assistant Attorney General Lisa Miller discussed the new policy at the University of Texas School of Law’s Government Enforcement Institute—a two-day conference held in Dallas, Texas. This article covers key areas Department of Justice officials will focus their efforts in the coming months.

August 19, 2021
Attorney News

‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”

The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.

Business meeting table with Jackson Walker logo

July 27, 2021
Insights

New Biden Executive Order Places Increased Focus on Noncompete Agreements and Antitrust Enforcement

By Gary Fowler

On July 9, 2021, as part of an executive order announced to promote competition and increase wages for workers, President Biden directed the Federal Trade Commission to consider two key areas affecting employers: to “ban or limit noncompete agreements” and revise the 2016 Antitrust Guidance for Human Resource Professionals.

Jackson Walker "Super Lawyers - Rising Stars" 2021 Edition

March 23, 2021
Attorney News

Jackson Walker Congratulates Its 2021 Texas Rising Stars

Jackson Walker is pleased to announce the selection of 36 attorneys to Thomson Reuters’ 2021 “Super Lawyers – Rising Stars” list. Spanning five offices and eight major practice areas, these up-and-coming attorneys have been nominated by peers within and outside the Firm.

June 1, 2020
Insights

Justice Department Condemns Agreements Among Competing Medical Providers That Limit Treatment Options

The Department of Justice recently sent a stark message to medical providers (and other businesses) that agreements to allocate services, employees, and customers among competing providers will be prosecuted under criminal antitrust laws.

Coronavirus social card image

March 31, 2020
Insights

DOJ & FTC Issue Critical COVID-19 Collaboration Guidance

As part of an effort to enable procompetitive collaboration to address the pandemic, the Agencies seek to respond to all COVID-19 related requests “expeditiously,” and specifically aim to resolve all requests addressing public health and safety within seven calendar days of receiving all necessary information.

  • Banking and finance
  • Insurance
  • Franchising
  • Energy and utilities
  • Chemical
  • Healthcare
  • Agriculture
  • Hospitality
  • Media
  • Nonprofit

  • 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

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