Practice Areas

Antitrust & Trade Regulation

Shook, Hardy & Bacon has worked with numerous industries to develop an in-depth understanding of how antitrust laws impact individual markets. The Antitrust & Trade Regulation Practice takes particular pride in the scope of its services, which cover substantive and procedural issues, as well as its relationships with government regulators both in the United States and abroad. Supported by the firm’s global presence and its local counsel networks, SHB antitrust lawyers provide cost-efficient solutions in multiple jurisdictions.

Civil & Criminal Litigation

The SHB Antitrust & Trade Regulation Practice has defended numerous multidistrict class actions and civil price-fixing actions in state and federal courts nationwide. SHB attorneys have managed complex monopolization cases; indirect purchaser matters; consent decree modifications and terminations; tying, distribution and exclusive-dealing matters; and criminal antitrust prosecution. This practice has also handled suits brought by private plaintiffs challenging mergers, acquisitions and joint ventures before the Federal Trade Commission; grand jury investigations; civil investigative demands, third-party subpoenas; and the filing of amicus briefs in significant antitrust cases.

Antitrust Counseling & Compliance

The SHB Antitrust & Trade Regulation Practice recognizes that an ounce of prevention is worth a pound of cure. The group focuses on the development of corporate compliance statements, educational programs and antitrust audits designed to minimize the risk of antitrust violations. It offers particular expertise on price discrimination and pricing; package offerings and exclusive contracts; premerger notification under the Hart-Scott-Rodino Antitrust Act; antitrust exemptions; distribution systems; and relations among suppliers, dealers and customers. Moreover, this practice is well-versed in standard-setting activities, innovation markets and concepts such as systems competition.

International Matters

The SHB Antitrust & Trade Regulation Practice has the ability to defend private actions or competition authority investigations in most jurisdictions outside the United States. The group has established unique relationships with foreign competition counsel and key decision-makers in the Federal Trade Commission, the Antitrust Division and various enforcement bodies in many states. SHB has represented clients before foreign antitrust authorities, such as the European Union’s DG IV and the various enforcement agencies of its member states; numerous western hemisphere agencies; and Japan’s Fair Trade Commission. SHB attorneys have also worked with FTC general counsel, the European Commission and emerging capitalist nations to develop regulatory regimes.