Business Litigation

A new administration has arrived in Washington. What that means to corporations when it comes to Antitrust remains to be seen; however, President Obama has made numerous speeches and published remarks on this very topic. Specifically, he has stated he will direct his administration to reinvigorate antitrust enforcement, to step up review of merger activity and to take effective action to stop or restructure mergers that are likely to harm consumer welfare. President Obama has made further comments that his administration will 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 consumers.

In addition to federal oversight, U.S. companies continue to face a high level of scrutiny and enforcement activity by state and foreign antitrust officials, including government criminal prosecutions and lawsuits seeking injunctive relief and disgorgement of profits. Also prevalent are private treble-damage lawsuits by competitors, customers and suppliers (including consumer class actions). Any business activity can have potential antitrust implications, making it more important than ever for businesses to understand antitrust laws. The Antitrust & Trade Regulation Practice Group of Dinsmore & Shohl has counseled scores of clients to help them comply with the law and avoid situations creating potential liability. The Firm has also handled a wide variety of government and private antitrust proceedings.

Within this new environment, it is imperative that corporations understand the antitrust laws and what compliance entails.U.S. companies continue to face a high level of scrutiny and enforcement activity by federal, state and foreign antitrust officials, including government criminal prosecutions and lawsuits seeking injunctive relief and disgorgement of profits. Also prevalent are private treble-damage lawsuits by competitors, customers, and suppliers (including consumer class actions). Any business activity can have potential antitrust implications, making it more important than ever for businesses to understand antitrust laws.

Dinsmore & Shohl LLP’s Antitrust & Trade Regulation Practice Group has counseled scores of clients to help them comply with the law and avoid situations creating potential liability. The firm has also handled a wide variety of government and private antitrust proceedings.

Client Counseling
We focus on proactive measures by counseling on pricing strategies, mergers, distribution policies, trade association activities and other situations that businesses regularly face. Our attorneys help clients develop and implement antitrust compliance policies and conduct periodic antitrust audits. We also offer training for personnel who face potential antitrust issues. Our attorneys analyze corporate mergers, acquisitions, and joint ventures to spot potential Clayton Act problems. We regularly handle 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 issues that include staffing privileges, peer review, managed care companies and information exchanges. We also regularly counsel clients about compliance with the Robinson-Patman Act.

Litigation
Dinsmore & Shohl LLP has handled various types of antitrust matters such as:

• FTC, Department of Justice and state attorney general investigations and proceedings
• Litigation alleging monopolization or restraint of trade under federal and/or state antitrust laws
• Price discrimination under the Robinson-Patman Act
• Contested mergers and acquisitions
• Unfair competition and deceptive advertising matters, including Lanham Act claims
• Breaches of non-competition agreements
• Antitrust counterclaims in patent infringement cases

With our broad range of experience, Dinsmore & Shohl LLP can help you to fully understand and manage the implications of antitrust issues as they relate to your business.