Upon taking office in 2009, the Barack Obama administration pledged to reinvigorate antitrust enforcement, increase review of merger activity and take effective action to stop or restructure mergers that may harm consumer welfare, creating a cloudy and unsure future for corporations with regards to antitrust. The administration also pledged to take aggressive action to curb the growth of international cartels that collude to harm American consumers and to ensure that the benefits of competition are fully realized by those consumers.
Beyond the shifting focus of federal oversight by various administrations, U.S. corporations continue to face increasing scrutiny and enforcement activity by both state and foreign antitrust officials, including government criminal prosecutions and lawsuits seeking injunctive relief and disgorgement of profits. Additionally, the prevalence of private treble-damage lawsuits by competitors, customers and suppliers show that any business activity can have potential antitrust violations, making it more important than ever to understand antitrust laws. Dinsmore’s Antitrust & Trade Regulation Practice Group counsels scores of clients to help them comply with the law, mitigate risk and avoid situations creating potential liability. Having gained experience through handling a variety of government and antitrust proceedings, Dinsmore attorneys can provide the requisite knowledge to help companies fully understand the antitrust laws and compliance.
Dinsmore focuses proactive measures by counseling on pricing strategies, mergers, distribution policies, trade association activities and other situations that businesses regularly face. Our attorneys help clients not only develop and implement antitrust compliance policies and procedures, but also conduct periodic antitrust audits and offer training for personnel who face potential antitrust issues. Dinsmore analyzes corporate mergers, acquisitions and joint ventures to spot potential Clayton Act problems, and also regularly handles Hart-Scott-Rodino pre-merger filings. We counsel banking and financial institutions on sales and mergers, including antitrust analysis mandated by government agencies, as part of the regulatory approval process. We frequently assist hospitals and physicians with antitrust issue, including but not limited to, staffing privileges, peer reviews, managed care companies and information exchanges. We also regularly counsel clients about compliance with the Robinson-Patman Act with regards to price discrimination, and our litigators handle a variety of antitrust matters, including Federal Trade Commission, Department of Justice or state attorney general investigations and proceedings, monopolization or restraint of trade issues, contested mergers and acquisitions, unfair competition and deceptive advertising matters, breaches of non-competition agreements and antitrust counterclaims in patent infringement cases.
Dinsmore’s vast experience and thorough understanding of antitrust issues and compliance allows us to manage the implications of antitrust issues as they relate to your business.