Competition and Antitrust in the United States

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Competition and Antitrust in the United States

Competition and Antitrust in the United States

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Dentons’ Antitrust team brings wide-ranging counseling, agency, and trial experience to the services it provides. Whether on investigations by competition authorities, merger control, complex litigation, competition compliance programs, or commercial arrangements, we deliver tailored, effective, industry-focused, and timely advice and assistance. We are committed to helping our clients across a broad range of industries achieve their goals in an efficient and cost-effective manner while providing high quality service. Antitrust reviews are fact-intensive so truly listening and learning about your business and strategy is our top priority – we are your partners both in the trenches and the board room. We standby to help you:

Get Your Deal Done: We provide clients with transparent insight and guidance to get from conception to closing as seamlessly as possible, with antitrust risk assessments, negotiation of antitrust risk provisions, Hart-Scott-Rodino (HSR) premerger notification filings, information sharing guardrails, gun-jumping compliance, navigating “Second Request” merger investigations, and structuring and negotiating divestitures and other remedies.
Navigate Investigations: Whether you are a third party receiving a civil investigative demand (CID) from the Federal Trade Commission (FTC), Department of Justice (DOJ) or a State Attorney General or a potential subject or target of a criminal investigation, our experienced team can reduce your burden, protect the confidentiality of your data, and help you respond with a streamlined approach. We have successfully advised clients on immunity and leniency applications, managed complex document reviews, prepared witnesses for interviews, quashed burdensome demands, and negotiated settlements.
Defend Your Business: Our team of antitrust litigators help clients defend both civil and criminal litigations while also serving clients to bring antitrust claims where necessary to protect their businesses from anticompetitive conduct. We have litigated claims involving price-fixing, market allocation, tying, group boycotts, predatory pricing, and anticompetitive mergers.
Mitigate Risk: We work with clients to develop, maintain, and audit compliance programs to mitigate risk. We create tailored trainings to provide industry-specific, practical guidance that will engage your business teams and keep them out of trouble.
Find Solutions: We help clients achieve their business goals while limiting antitrust risk with practical and succinct advice. We counsel clients on a broad array of antitrust questions, including but not limited to, competitor collaborations, standard-setting, information exchanges, benchmarking, trade associations, group purchasing, IP licensing arrangements, exclusivity provisions, distribution agreements, territorial and customer restrictions, dual distribution, channel management, pricing and minimum advertised pricing policies, Robinson-Patman compliance, and interlocking directorates.

An Integrated Federal, State and Global Solution

The Dentons’ network enables us to serve clients wherever their issues arise. Our leading State Attorneys General practice and our recognized “Global Elite” global competition team ensure that clients receive integrated best-in-class expertise regardless of which antitrust regulators or jurisdictions are involved. An integrated solution is becoming increasingly valuable with the rise of increased antitrust enforcement by State Attorneys General and regulators in ex-US jurisdictions.

Recognition for excellence

Our attorneys have been recognized as Top Antitrust Lawyers (Daily Journal), Lawyers on the Fast Track (The Recorder), Rising Stars in Antitrust (SuperLawyers), AI Visionaries (Relativity), and 40 Under 40 (Bloomberg Law).

Experience

accesso Technology Group, plc: Defeating an antitrust suit seeking more than US$54 million in damages against Taos, NM-based Siriusware, Inc., and its UK parent, accesso Technology Group. The plaintiff, a competitor, brought the action in the Eastern District of New York, alleging that Siriusware, a provider of ticketing technology solutions, monopolized the ski resort software market, conspired to freeze plaintiff out of the electronic ski pass scanner market and engaged in unlawful tying arrangements. We obtained a judgment of dismissal with prejudice, affirmed by a three-judge panel of the Second Circuit Court of Appeals, which found no Sherman Antitrust Act violations and that Siriusware’s “conduct was reasonable as a matter of law.”
Global electronic manufacturer: Provided Hart-Scott-Rodino advice on several deals involving plants in Europe, Mexico and Asia, including whether the transactions required US clearance since the plants sold a substantial amount of goods into the US.
Global manufacturer: Representing senior executives in federal grand jury criminal investigations relating to alleged price-fixing and bid-rigging conspiracies with other Japanese companies for the sale of wire harnesses, speedometers and other gauges in Japanese automobiles manufactured in the US. Our antitrust lawyers are also advising other companies who have received grand jury subpoenas from the US Department of Justice, Antitrust Division, investigating alleged price-fixing and bid-rigging in the automobile parts industry.
Health care: Representing and favorably settling a suit brought by a community hospital client against a large health care system, alleging monopolization and attempted monopolization in the acute care hospital market.
Insurance company: Playing a leading role in the successful defense of an antitrust class action filed in California federal court against a long-time insurance client and several other large insurers. The putative class plaintiffs alleged that the defendants conspired to supply inferior aftermarket repair parts and charge anticompetitive premiums to policyholders in violation of antitrust laws. The court granted defendants' Daubert motion, declaring the plaintiffs' proposed methodology for identifying the allegedly inferior aftermarket repair parts inadmissible. The court also denied plaintiffs' third motion for class certification—this time with prejudice. We also played a central role in obtaining summary judgment in favor of the defendants and an affirmance from the US Court of Appeals for the Ninth Circuit.
Matsuo Electric: Defended manufacturer of aluminum and tantalum electrolytic capacitors in antitrust class actions brought on behalf of direct and indirect purchasers, and in US criminal proceedings, including sentencing evidentiary proceedings, alleging international price fixing and market allocation conspiracies.
Molex Inc.: Advising this long-time client, an electronics manufacturer, on antitrust issues and multiple worldwide competition filings in connection with its US$7.2 billion sale to Koch Industries.
Monsanto Company: Won a significant class action litigation for Monsanto in 13 different corn-and soy-growing states. The original master class actions complaint alleged wide-ranging price fixing conspiracy between Monsanto and other defendants relating to genetically modified soybean seed products, plus a range of patent and antitrust violations by Monsanto. We successfully opposed certification of a settlement class and, shortly thereafter, a settlement was reached on individual basis.
Multiple health care providers: Representing dozens of hospital systems and accountable care organizations with antitrust analysis and strategy implementation relating to competitor collaborations, joint ventures, exclusive dealing arrangements and M&A.
Shinyei Kaisha: Representing electronic film capacitor manufacturer in criminal investigation by the DOJ Antitrust Division alleging an international cartel to fix prices and allocate markets in the film capacitor industry.
Spa control manufacturer: Representing the plaintiff in an antitrust action against a competitor alleging monopolization, attempted monopolization and conspiracy to restrain trade. The case settled favorably for our client prior to trial.
Trade association: Representing the association, its officers and directors and its members and affiliates. Defeated a US$47 million antitrust damages claim and obtained dismissal of all 16 alleged causes of action, including for price-fixing, customer allocation and unfair trade practices.
Worldwide health care company: Providing distribution and product protection advice to a manufacturer of global health and nutrition products managing multiple supply and distribution chains across many nations and seeking to combat unfair competition by companies taking legitimate products from the country where they are authorized for sale to countries where they are not so authorized.

Recognition

Partner Ausra Deluard named a Top Antitrust Lawyer by Daily Journal

November 29, 2023

The Daily Journal recognized Dentons partner Ausra Deluard as one of its 2023 Top Antitrust Lawyers.

Angelina Whitfield named to Bloomberg Law’s “They’ve Got Next: The 40 Under 40”

February 28, 2023

Bloomberg Law recognized senior managing associate Angelina Whitfield in its “They’ve Got Next: The 40 Under 40” list for 2023. Whitfield, a member of Dentons’ Litigation practice, was selected in large part because of her multitude of impressive achievements on behalf of clients.

Dentons ranked in GCR Global Elite’s Top 10 Firms

December 13, 2021

GCR 100 has recognized Dentons in its Top 10 Global Elite firms. The GCR 100 Global Elite is a definitive list of the top 25 firms practicing competition law internationally. GCR has also placed our Firm in the Top 2 firms for Cartels.

View all recognition for Competition and Antitrust in the United States

Insights

Foreign investment review enters trade war: Minister equates economic security with national security

March 7, 2025

Canada: Economic security considerations could apply to investments from any country, including US investors who until now have received a “light touch” in national security reviews. It is clear that the Minister’s statements and update to the Guidelines are closely linked to the US government’s imposition of draconian tariffs on all Canadian goods on March 4 and the adverse impact this could have on Canadian businesses.

2024 Hart-Scott-Rodino Act Notification Thresholds and Filing Fees Effective February 10, 2025

January 22, 2025

United States: The determination of whether a transaction meets jurisdictional thresholds for premerger notification is dependent on several circumstances in each case, including the measure of size of persons and the size of transactions.

Episode 2: Foreign Investment Review Talks – United States

October 3, 2024

United States: In this episode, Emmanuelle van den Broucke and Jason M. Silverman discuss some very important developments in the US enforcement practice of the Committee on Foreign Investment in the United States (CFIUS), unwinding an already closed real estate transaction due to certain national security concerns. You will learn in particular about the key aspects to be considered by a foreign investor in the US when preparing a deal in order to avoid burdensome post-closing unwinding of the transaction.

View all insights for Competition and Antitrust in the United States

News and Events

Recent Press Releases

Dentons releases Global AI Trends Report

January 20, 2025

Dentons, the world’s largest global law firm, has published a Global AI Trends report, highlighting key risk considerations with viewpoints from multiple jurisdictions.

Dentons advises Eni Sustainable Mobility on the strategic partnership with PBF Energy for St. Bernard biorefinery in the US

February 28, 2023

Dentons assisted Eni Sustainable Mobility in entering into the agreements for a strategic partnership with PBF Energy in a 50-50 joint venture named St. Bernard Renewables (SBR) in relation to the biorefinery, currently under construction, co-located with PBF’s Chalmette Refinery in Louisiana, US, dedicated to the biorefining and production of HVO Diesel (Hydrotreated Vegetable Oil, commonly known as ‘renewable diesel’ in North America). The transaction is subject to customary closing conditions, including regulatory approvals.

Dentons advises CSG on the acquisition of Fiocchi Munizioni

December 2, 2022

Dentons assisted Czechoslovak Group (CSG), an industrial group active globally in various strategic business segments including defense and aerospace, in the acquisition of a 70% stake in Fiocchi Munizioni, a global leader in small caliber ammunition for hunting, defense and sport.

View all press releases for Competition and Antitrust in the United States

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Competition and Antitrust in the United States

Competition and Antitrust in the United States

An Integrated Federal, State and Global Solution

Recognition for excellence

Experience

Recognition

Partner Ausra Deluard named a Top Antitrust Lawyer by Daily Journal

Angelina Whitfield named to Bloomberg Law’s “They’ve Got Next: The 40 Under 40”

Dentons ranked in GCR Global Elite’s Top 10 Firms

Insights

Foreign investment review enters trade war: Minister equates economic security with national security

2024 Hart-Scott-Rodino Act Notification Thresholds and Filing Fees Effective February 10, 2025

Episode 2: Foreign Investment Review Talks – United States

News and Events

Recent Press Releases

Dentons releases Global AI Trends Report

Dentons advises Eni Sustainable Mobility on the strategic partnership with PBF Energy for St. Bernard biorefinery in the US

Dentons advises CSG on the acquisition of Fiocchi Munizioni

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