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Antitrust and Trade Regulation Counseling and Litigation

Calfee provides decades of experience and trusted guidance to clients in the field of antitrust law and trade regulation. We regularly represent corporations and individuals on antitrust matters in every procedural context—before the Federal Trade Commission, U.S. Department of Justice, and in state and federal courts in complex civil and criminal litigation. The industries in which we provide antitrust counsel are as diverse as the firm’s client base, and have included health care, real estate brokerage, software development, supermarkets, electric utilities, industrial coatings, consumer goods, mining, dairies, and automobile components. We provide counseling and litigation services in the areas of competitor and customer relations, pricing policies, dealer relations, Hart-Scott-Rodino compliance, joint venture/acquisition analysis, advertising and franchising.  We also regularly assist clients in developing and implementing antitrust compliance programs.

In the context of antitrust law, the question often is not whether conduct is plainly legal or illegal, but the degree of risk of liability it may carry. Assessing that risk involves more than just knowledge of the law. It also requires an experienced assessment of how a judge or jury will perceive the conduct, how state and federal antitrust enforcement authorities will view it, and a sensitivity for the particular client’s business goals.

The stakes in antitrust litigation in particular often are enormous.  Substantial resources usually must be brought to bear in prosecution or defense of such claims.  At Calfee, we have the resources and the experience necessary to employ these resources efficiently and effectively. We use the counseling aspects of the practice to inform our litigation strategies, and vice versa. Presenting such cases in court is best done by skilled litigators who, through personal experience, have guided clients through the antitrust maze to achieve their business goals.

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