Practices

Antitrust & Competition

Why Cooley

Cooley's antitrust & competition team is recognized as a top-tier antitrust practice by Chambers USA, The Legal 500 and Global Competition Review. We handle all aspects of antitrust and competition law matters – including M&A, government investigations and litigation – for Fortune 500 corporations, as well as growing companies. 

Our antitrust & competition lawyers regularly steer clients through the regulatory review of bet-the-company transactions, government investigations and high-stakes litigations, with a focus on high-tech and life sciences industries. Our experienced lawyers can bring a transatlantic perspective to any issue to help clients craft the most efficient and effective strategy to reach their business goals. 

Areas of Practice

Mergers and Acquisitions

  • Structure transactions/negotiate contractual terms allocating antitrust risk
  • Advise on US, China, EU, UK, Germany and other competition filing requirements
  • Counsel regarding pre-merger information exchange and pre-closing integration planning
  • Proactively represent clients before antitrust agencies to secure clearance quickly
  • Respond efficiently and rapidly to second requests and Phase II investigations
  • Advocate effectively before senior officials to obtain clearance, working closely with leading economic experts
  • Negotiate consent decrees and EU commitments where warranted to allow clients to complete proposed deals and litigate where necessary

Distribution Arrangements, Joint Ventures and Collaboration Agreements

  • Advise on minimum and maximum resale price maintenance, exclusive dealing, market share and loyalty discounts, bundled discounts, tying, aftermarket issues, price discrimination, etc.
  • Assist clients in structuring research, manufacturing and marketing ventures
  • Counsel on antitrust issues as joint ventures and collaborations are implemented, including pricing structures, information sharing and geographic divisions
  • Defend existing or prospective arrangements before federal and state antitrust authorities and in federal court
  • Advise on appropriate scope of benchmarking, information exchanges and trade association activities

Intellectual Property 

  • Structure existing and prospective licensing arrangements to avoid antitrust pitfalls
  • Advise companies on strategic IP asset management, including ways to exploit intellectual property portfolios within the confines of antitrust law
  • Represent clients before US and EU antitrust enforcement agencies in investigations involving the licensing and enforcement of intellectual property
  • Represent parties on antitrust counterclaims in IP litigation
  • Advise on settlement of IP litigation, notify required agreements to federal agencies, defend investigations of settlements
  • Advise on standard setting, including disclosure of intellectual property, FRAND licensing obligations, joint negotiation of licensing terms in standard setting

Government Investigations

  • Represent targets of government investigations, negotiate and respond to subpoenas and civil investigative demands, defend depositions, prepare white papers, work with economic experts and advocate for client practices
  • Represent complainants to encourage government enforcement, work with agency staff to challenge anticompetitive practices
  • Represent third parties to minimize burden, cost of complying with government demands for information and documents

Criminal & Cartel Investigations

  • Represent corporate entities and individuals in federal, state and international criminal investigations and trials related to business conduct alleged to violate antitrust and related laws
  • Defend clients in cartel and non-cartel antitrust proceedings before the European Commission, the UK CMA and the German FCO, as well as the US DOJ

Civil Litigation

  • Represent clients in civil litigation for damages and injunctive relief under the federal Sherman, Clayton and Robinson-Patman Acts, state antitrust and unfair competition laws, including indirect purchaser damage claims for violations in another jurisdiction
  • Extensive experience litigating class actions and claims arising from manufacturer-distributor relations, competitive activity, mergers and acquisitions and enforcement of licensing and similar agreements
  • Well-versed in disputes involving intellectual property rights (patents, copyrights and trade secrets) where conflicts arise between those rights and antitrust doctrines

Consumer Protection

  • Handle federal and state consumer protection investigations, including deceptive and unfair advertising, marketing practices, privacy, data security and financial practices